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HomeMy WebLinkAbout21-092 - ADMIN Resolution - City Council - 2021/08/16Resolution No. 21-092 Amends and restates Resolution No. 18-142 Resolution approving an amendment to a conditional use permit for operation of a religious institution located at 2544 Highway 100 Whereas, Mark Snyder, Construction Results Corp, representing Wat Promwachirayan , applied for an amendment to a conditional use permit (Case No. 21-26-CUP) to make site improvements at 2544 Highway 100; the property is legal described as follows, to-wit: Par 1: That part of the South 336.2 feet, as measured along the West line thereof, of the Northwest Quarter of Section 31, Township 29, Range 24, lying Westerly of a line parallel to and 100 feet Westerly from the following described line: Beginning at a point on the North line of said Northwest Quarter, distant 1316.42 feet West from the Northeast corner thereof; thence Southwesterly at an angle of 78 degrees 57 minutes 13 seconds with said North line a distance of 801.9 feet; thence deflecting to the right on a 1 degree curve, delta angle 9 degrees 4 minutes, a distance of 906.7 feet; thence on a tangent to said curve a distance of 527.4 feet; thence deflecting to the left on a 1 degree 30 minute curve, radius 3819.83 feet, a distance of 700 feet and there terminating. Par 2: That part of the North Half of the vacated 26th St. dedicated in the plat of "American Security Investment Co's Oak Terrace" lying between the Northerly extensions across it of the East and West lines of Lot 14, Block 2, in said plat. Whereas, a conditional use permit was issued regarding the subject property pursuant to Resolution No. 18-142 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. 18-142, to add the amendments now required, and to consolidate all conditions applicable to the subject property in this resolution; Whereas, the property is located in the R-1 Single Family Residence Zoning District, and religious institutions are allowed in this district by conditional use permit. Whereas, the property is guided “Civic” in the comprehensive plan, which allows religious institutions. Whereas, the property has been used continuously as a religious institution since 1968, and Wat Prom will continue to use it as such. Whereas, the use of this property as a religious institution is consistent with and supportive of principles, goals, objectives, land use designations, redevelopment plans, neighborhood objectives, and implementation strategies of the comprehensive plan. DocuSign Envelope ID: B92D92C8-6420-458A-92BD-CCB73CC6D1B1 Resolution No. 21-092 2 Whereas, the use and the proposed improvements are not detrimental to the health, safety, morals and general welfare of the community as a whole. They 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 conditional use. Whereas, the use and proposed improvements are consistent with the regulations, intent and purpose of city code and the zoning district in which the conditional use is located. The proposed plan with conditions of approval, will meet the conditions required for a religious institution facility and the proposed building and site improvements. Whereas, the use and proposed improvements will not have undue adverse impacts on governmental facilities, services or improvements which are either existing or proposed. Whereas, the site design for the place of worship is consistent with the design and other requirements of site and landscape plans adopted as part of the conditions imposed on the use by the city council. 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 city council has determined that the conditional use permit amendment application meets the requirements for a religious institution in the R-1 district, including: 1. All buildings shall be located at least 30 feet from any lot line of a lot in an R district. 2. An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. 3. Outdoor recreational and play areas shall be located at least 25 feet from any lot in an R district. 4. 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. Whereas, the contents of Case No. 21-26-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. 18-142 is hereby restated and amended by this resolution which continues and amends a conditional use permit to 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 with the official exhibits. The official exhibits include: a. Exhibit A: C4.1 - Paving & Geometric Plan b. Exhibit B: C2.0 - Grading and Erosion Control Plan DocuSign Envelope ID: B92D92C8-6420-458A-92BD-CCB73CC6D1B1 Resolution No. 21-092 3 c. Exhibit C: L101 and L102 - Landscape Plan d. Exhibit D: C3.0 - Utility Plan e. Exhibit E: Photometric Plan f. Exhibit F: C1.0 - Demolition Plan g. Exhibit G: A100 and A110 - Floor Plan 2. Concrete curbing and landscaped parking lot islands shall be installed as shown on the approved exhibit. 3. Landscaping shall be installed as shown on the approved exhibit. 4. The westerly 9 parking spaces shall be removed from the plan, the proposed retaining wall shall move easterly, and additional landscaping and screening shall be provided between the parking lot and Vernon Avenue South. 5. All utilities shall be buried. 6. The following must be completed prior to issuance of a city permit: a. A financial guarantee shall be submitted to ensure the completion of the landscaping, sidewalk, retaining wall and erosion control. b. Tree replacement fees in the amount of $103,180. The amount may be revised to correspond with additional trees planted on-site or revisions to the tree replacement calculation. The revision to the fee and landscaping plan may be approved administratively by the city. c. A letter of map amendment shall be approved by FEMA. d. Assent form and official exhibits must be signed by property owner. 7. 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 erosion control, right-of-way, and parking lot permits. c. Minnehaha Creek Watershed District stormwater management permit. 8. The applicant shall comply with the following conditions during construction: a. The site shall be kept free of dust and debris that could blow onto neighboring properties. b. Public streets shall be maintained free of dirt and shall be cleaned as necessary. c. The Zoning Administrator may impose additional reasonable conditions if it becomes necessary in order to mitigate the temporary impacts on surrounding properties during construction. d. All construction vehicles hauling equipment and materials to and from the site shall utilize Highway 100 and Utica Avenue South. Vernon Avenue South shall not be used. 9. In addition to other remedies, the developer or owner shall pay an administrative fee of $750 per violation of any condition of this approval. 10. The conditional use permit shall be amended on August 16, 2021 to incorporate all of the preceding conditions and add the following conditions: a. The site shall be developed, used and maintained in accordance with the conditions of this ordinance, approved Official Exhibits, and City Code. b. Before the city issues a building permit for the addition, the applicant must obtain a permit to install a fire suppression system in the existing building. c. All utilities shall be buried. DocuSign Envelope ID: B92D92C8-6420-458A-92BD-CCB73CC6D1B1 Resolution No. 21-092 4 d. Prior to starting any land disturbing activities, the following conditions shall be met: i. A preconstruction meeting shall be held with the appropriate development, construction, private utility and city representatives. ii. All necessary permits shall be obtained. iii. Final construction plans for all improvements shall be signed by a registered engineer and submitted to the city engineer for review and approval. e. The developer shall comply with the following conditions during construction: i. 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. ii. The site shall be kept free of dust and debris that could blow onto neighboring properties. iii. Public streets shall be maintained free of dirt and shall be cleaned as necessary. iv. The city shall be contacted a minimum of 72 hours prior to any work in a public street. v. 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. vi. Temporary electric power connections shall not adversely impact surrounding neighborhood service. f. 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. g. 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 August 16, 2021 Kim Keller, city manager Jake Spano, mayor Attest: Melissa Kennedy, city clerk DocuSign Envelope ID: B92D92C8-6420-458A-92BD-CCB73CC6D1B1 Elliott B.Knetsch Joel J.Jamnik Andrea McDowell Poehler Soren M.Mattick David S.Kendall Henry A.Schaeffer,III Alina Schwartz Shana N.Conklin James J.Monge,III Jerome M.Porter Leah C.M.Koch Meagan K.Kelley Benjamin J.Colburn Jared D.Shepherd Thomas J.Campbell Roger N.Knutson* Retired CAMPBELL KNUTSON PROFESSIONAL ♦ASSOCIATION September 14,202 I Mr.Chase Peterson-Etem City of St.Louis Park Office of the City Clerk 5005 Minnetonka Blvd St.Louis Park,MN 55416 Re:Miscellaneous Recordings Dear Mr.Peterson-Etem: Please find enclosed,for the City's files,the following documents which were e- recorded with Hennepin County: •Resolution No.21-092 recorded August 27,2021 with the office of the Hennepin County Registrar of Titles as Torrens Document No.T5871023;and •Resolution No.2021-158 recorded August 27,2021 with the office of the Hennepin County Registrar of Titles as Torrens Document No.T5871001. We continue to experience significant delays in receiving receipts of e-recordings along with copies of e-recorded documents from Hennepin County. These documents were e-recorded.Therefore,I have stapled the e-recorded document to the original document that was provided for recording. If you have any questions regarding the above,please give me a call. Thank you. Very truly yours, Grand Oak Office Center I 860 Blue Gentian Road Suite 290 Eagan,Minnesota 55121 Main:651-452-5000 Fax:651-234-6237 www.ck-law.com Enclosures/smt 204894v7 CAMPBELL KNUTSON Professional Association By VsStuartM.Teigen Stuart M.Teigen,Legal Assistant RECEIVED SEP 14 2021 OFFICE OF THE CITY CLERK 1111111111 1111111111 II LAND TYPE Torrens (T) DOC NUM 5871023 Certified,filed and/or recorded on Aug 27,2021 10:10 AM Office of the Registrar of Titles Hennepin County,Minnesota Amber Bougie,Registrar of Titles Mark Chapin,County Auditor and Treasurer Deputy 92 Pkg ID 2304961 E Existing Certs 1437851 Document Recording Fee Document Total This cover sheet is now a permanent part of the recorded document. $46.00 $46.00 DocuSign Envelope ID:B92D92C8-6420-4584-92BD-CCB73CC6D1B1 Sf St.Louis ParkJIsson» STATE OF MINNESOTA ) COUNTY OF HENNEPIN )ss CITY OF ST.LOUIS PARK ) The undersigned hereby certifies the following: Administration Office 5005 Minnetonka Blvd. St.Louis Park,MN 55416 952.928.2840 "CITY COUNCIL RESOLUTION" 1)The attached is a full,true and correct copy of the original Resolution No.21-092 adopted August 16,2021,and on file in the Office of the City Clerk. 2)The City Council meeting was held upon due call and notice. WITNESS my hand and the Seal of the City of St.Louis Park. ~DocuSlgned by:l )• "}2€5S7CF5ts..Melissa Kennedy City Clerk Date:8/17/2021 DocuSign Envelope ID:B92D92C8-6420-4584-92B8-CCB73CC6D1B1 Resolution No.21-092 Amends and restates Resolution No.18-142 Resolution approving an amendment to a conditional use permit for operation of a religious institution located at 2544 Highway 100 Whereas,Mark Snyder,Construction Results Corp,representing Wat Promwachirayan, applied for an amendment to a conditional use.permit (Case No.21-26-CUP)to make site improvements at 2544 Highway 100;the property is legal described as follows,to-wit: Par 1:That part of the South 336.2 feet,as measured along the West line thereof,of the Northwest Quarter of Section 31,Township 29,Range 24,lying Westerly of a line parallel to and 100 feet Westerly from the following described line:Beginning at a point on the North line of said Northwest Quarter,distant 1316.42 feet West from the Northeast corner thereof;thence Southwesterly at an angle of 78 degrees 57 minutes 13 seconds with said North line a distance of 801.9 feet;thence deflecting to the right on a 1 degree curve,delta angle 9 degrees 4 minutes,a distance of 906.7 feet;thence cin a tangent to said curve a distance of 527.4 feet;thence deflecting to the left on a 1 degree 30 minute curve,radius 3819.83 feet,a distance of 700 feet and there terminating. Par 2:That part of the North Half of the vacated 26th St.dedicated in the plat of "American Security Investment Co's Oak Terrace"lying between the Northerly extensions across it of the East and West lines of Lot 14,Block 2,in said plat. Whereas,a conditional use permit was issued regarding the subject property pursuant to Resolution No.18-142 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.18-142,to add the amendments now required,and to consolidate all conditions applicable to the subject property in this resolution; Whereas,the property is located in the R-1 Single Family Residence Zoning District,and religious institutions are allowed in this district by conditional use permit. Whereas,the property is guided "Civic"in the comprehensive plan,which allows religious institutions. Whereas,the property has been used continuously as a religious institution since 1968, and Wat Prom will continue to use it as such. Whereas,the use of this property as a religious institution is consistent with and supportive of principles,goals,objectives,land use designations,redevelopment plans, neighborhood objectives,and implementation strategies of the comprehensive plan. DocuSign Envelope ID:B92D92C8-6420-4584-92BD-CCB73CC6D1B1 Resolution No.21-092 2 Whereas,the use and the proposed improvements are not detrimental to the health, safety,morals and general welfare of the community as a whole.They 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 conditional use. Whereas,the use and proposed improvements are consistent with the regulations,intent and purpose of city code and the zoning district in which the conditional use is located.The proposed plan with conditions of approval,will meet the conditions required for a religious institution facility and the proposed building and site improvements. Whereas,the use and proposed improvements will not have undue adverse impacts on governmental facilities,services or improvements which are either existing or proposed. Whereas,the site design for the place of worship is consistent with the design and other requirements of site and landscape plans adopted as part of the conditions imposed on the use by the city council. 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 city council has determined that the conditional use permit amendment application meets the requirements for a religious institution in the R-1 district,including: 1.All buildings shall be located at least 30 feet from any lot line of a lot in an R district. 2.An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. 3.Outdoor recreational and play areas shall be located at least 25 feet from any lot in an R district. 4.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. Whereas,the contents of Case No.21-26-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.18-142 is hereby restated and amended by this resolution which continues and amends a conditional use permit to 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 with the official exhibits.The official exhibits include: a.Exhibit A:C4.1-Paving &Geometric Plan b.Exhibit B:C2.0-Grading and Erosion Control Plan DocuSign Envelope ID:B92D92C8-6420-4584-92BD-CCB73CC6D11 Resolution No.21-092 3 c.Exhibit C:LlOl and L102 -Landscape Plan d.Exhibit D:C3.0 -Utility Plan e.Exhibit E:Photometric Plan f.Exhibit F:Cl.0 -Demolition Plan g.Exhibit G:AlO0 and All0 -Floor Plan 2.Concrete curbing and landscaped parking lot islands shall be installed as shown on the approved exhibit. 3.Landscaping shall be installed as shown on the approved exhibit. 4.The westerly 9 parking spaces shall be removed from the plan,the proposed retaining wall shall move easterly,and additional landscaping and screening shall be provided between the parking lot and Vernon Avenue South. 5.All utilities shall be buried. 6.The following must be completed prior to issuance of a city permit: a.A financial guarantee shall be submitted to ensure the completion of the landscaping,sidewalk,retaining wall and erosion control. b.Tree replacement fees in the amount of $103,180.The amount may be revised to correspond with additional trees planted on-site or revisions to the tree replacement calculation.The revision to the fee and landscaping plan may be approved administratively by the city. c.A letter of map amendment shall be approved by FEMA. d.Assent form and official exhibits must be signed by property owner. 7.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 erosion control,right-of-way,and parking lot permits. c.Minnehaha Creek Watershed District stormwater management permit. 8.The applicant shall comply with the following conditions during construction: a.The site shall be kept free of dust and debris that could blow onto neighboring properties. b.Public streets shall be maintained free of dirt and shall be cleaned as necessary. c.The Zoning Administrator may impose additional reasonable conditions if it becomes necessary in order to mitigate the temporary impacts on surrounding properties during construction. d.All construction vehicles hauling equipment and materials to and from the site shall utilize Highway 100 and Utica Avenue South.Vernon Avenue South shall not be used. 9.In addition to other remedies,the developer or owner shall pay an administrative fee of $750 per violation of any condition of this approval. 10.The conditional use permit shall be amended on August 16,2021 to incorporate all of the preceding conditions and add the following conditions: a.The site shall be developed,used and maintained in accordance with the conditions of this ordinance,approved Official Exhibits,and City Code. b.Before the city issues a building permit for the addition,the applicant must obtain a permit to install a fire suppression system in the existing building. c.All utilities shall be buried. 9 DocuSign Envelope ID:B92D9208-6420-4584-928D-CCB73CC6D11 Resolution No.21-092 4 d.Prior to starting any land disturbing activities.the following conditions shall be met: i.A preconstruction meeting shall be held with the appropriate development,construction.private utility and city representatives. ii.All necessary permits shall be obtained. iii.Final construction plans for all improvements shall be signed by a registered engineer and submitted to the city engineer for review and approval. e.The developer shall comply with the following conditions during construction: i.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. ii.The site shall be kept free of dust and debris that could blow onto neighboring properties. iii.Public streets shall be maintained free of dirt and shall be cleaned as necessary. iv.The city shall be contacted a minimum of 72 hours prior to any work in a public street. v.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. vi.Temporary electric power connections shall not adversely impact surrounding neighborhood service. f.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. g.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: lkDocuSigned by:±Kim Keller,city manager Attest: Melissa Kennedy,city clerk Adopted by the City Council August 16,2021 QDocuSigned by:±Jake Spano,mayor DocuSign Envelope ID:B92D92C8-6420-4584-92BD-CCB73CC6D1B1 Ill St.Louis ParkJIso«sor xricnc LIFE in the Frk STATE OF MINNESOTA ) COUNTY OF HENNEPIN )ss CITY OF ST.LOUIS PARK ) The undersigned hereby certifies the following: Administration Office SOOS Minnetonka Blvd. St.Louis Park,MN 55416 952.928.2840 "CITY COUNCIL RESOLUTION" 1)The attached is a full,true and correct copy of the original Resolution No.21-092 adopted August 16,2021,and on file in the Office of the City Clerk. 2)The City Council meeting was held upon due call and notice. WITNESS my hand and the Seal of the City of St.Louis Park. <S.00,,···+,,'S;'», """7'0O;CORPORATE ·,7..t..SEAL :,'»..+'e,',+'N,,ow""N'VPN CO> ~DocuSigned by:-Melissa Kennedy City Clerk Date:8/17/2021 DocuSign Envelope ID:B92D92C8-6420-458A-92BD-CCB73CC6D1B1 Resolution No.21-092 Amends and restates Resolution No.18-142 Resolution approving an amendment to a conditional use permit for operation of a religious institution located at 2544 Highway 100 Whereas,Mark Snyder,Construction Results Corp,representing Wat Promwachirayan, applied for an amendment to a conditional use permit (Case No.21-26-CUP)to make site improvements at 2544 Highway 100;the property is legal described as follows,to-wit: Par 1:That part of the South 336.2 feet,as measured along the West line thereof,of the Northwest Quarter of Section 31,Township 29,Range 24,lying Westerly of a line parallel to and 100 feet Westerly from the following described line:Beginning at a point on the North line of said Northwest Quarter,distant 1316.42 feet West from the Northeast corner thereof;thence Southwesterly at an angle of 78 degrees 57 minutes 13 seconds with said North line a distance of 801.9 feet;thence deflecting to the right on a 1 degree curve,delta angle 9 degrees 4 minutes,a distance of 906.7 feet;thence on a tangent to said curve a distance of 527.4 feet;thence deflecting to the left on a 1 degree 30 minute curve,radius 3819.83 feet,a distance of 700 feet and there terminating. Par 2:That part of the North Half of the vacated 26th St.dedicated in the plat of "American Security Investment Co's Oak Terrace"lying between the Northerly extensions across it of the East and West lines of Lot 14,Block 2,in said plat. Whereas,a conditional use permit was issued regarding the subject property pursuant to Resolution No.18-142 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.18-142,to add the amendments now required,and to consolidate all conditions applicable to the subject property in this resolution; Whereas,the property is located in the R-1 Single Family Residence Zoning District,and religious institutions are allowed in this district by conditional use permit. Whereas,the property is guided "Civic"in the comprehensive plan,which allows religious institutions. Whereas,the property has been used continuously as a religious institution since 1968, and Wat Prom will continue to use it as such. Whereas,the use of this property as a religious institution is consistent with and supportive of principles,goals,objectives,land use designations,redevelopment plans, neighborhood objectives,and implementation strategies of the comprehensive plan. DocuSign Envelope ID:B92D92C8-6420-458A-92BD-CCB73CC6D1 B1. Resolution No.21-092 2 Whereas,the use and the proposed improvements are not detrimental to the health, safety,morals and general welfare of the community as a whole.They 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 conditional use. Whereas,the use and proposed improvements are consistent with the regulations,intent and purpose of city code and the zoning district in which the conditional use is located.The proposed plan with conditions of approval,will meet the conditions required for a religious institution facility and the proposed building and site improvements. Whereas,the use and proposed improvements will not have undue adverse impacts on governmental facilities,services or improvements which are either existing or proposed. Whereas,the site design for the place of worship is consistent with the design and other requirements of site and landscape plans adopted as part of the conditions imposed on the use by the city council. 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 city council has determined that the conditional use permit amendment application meets the requirements for a religious institution in the R-1 district,including: 1.All buildings shall be located at least 30 feet from any lot line of a lot in an R district. 2.An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. 3.Outdoor recreational and play areas shall be located at least 25 feet from any lot in an R district. 4.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. Whereas,the contents of Case No.21-26-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.18-142 is hereby restated and amended by this resolution which continues and amends a conditional use permit to 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 with the official exhibits.The official exhibits include: a.Exhibit A:C4.1-Paving &Geometric Plan b.Exhibit B:C2.0 -Grading and Erosion Control Plan DocuSign Envelope ID:B92D92C8-6420-4584-92B-CCB73CC6D1B1 Resolution No.21-092 3 c.Exhibit C:Ll0l and L102 -Landscape Plan d.Exhibit D:C3.0-Utility Plan e.Exhibit E:Photometric Plan f.Exhibit F:C1.O0 -Demolition Plan g.Exhibit G:Al00 and A110 -Floor Plan 2.Concrete curbing and landscaped parking lot islands shall be installed as shown on the approved exhibit. 3.Landscaping shall be installed as shown on the approved exhibit. 4.The westerly 9 parking spaces shall be removed from the plan,the proposed retaining wall shall move easterly,and additional landscaping and screening shall be provided between the parking lot and Vernon Avenue South. 5.All utilities shall be buried. 6.The following must be completed prior to issuance of a city permit: a.A financial guarantee shall be submitted to ensure the completion of the landscaping,sidewalk,retaining wall and erosion control. b.Tree replacement fees in the amount of $103,180.The amount may be revised to correspond with additional trees planted on-site or revisions to the tree replacement calculation.The revision to the fee and landscaping plan may be approved administratively by the city. c.A letter of map amendment shall be approved by FEMA. d.Assent form and official exhibits must be signed by property owner. 7.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 erosion control,right-of-way,and parking lot permits. c.Minnehaha Creek Watershed District stormwater management permit. 8.The applicant shall comply with the following conditions during construction: a.The site shall be kept free of dust and debris that could blow onto neighboring properties. b.Public streets shall be maintained free of dirt and shall be cleaned as necessary. c.The Zoning Administrator may impose additional reasonable conditions if it becomes necessary in order to mitigate the temporary impacts on surrounding properties during construction. d.All construction vehicles hauling equipment and materials to and from the site shall utilize Highway 100 and Utica Avenue South.Vernon Avenue South shall not be used. 9.In addition to other remedies,the developer or owner shall pay an administrative fee of $750 per violation of any condition of this approval. 10.The conditional use permit shall be amended on August 16,2021 to incorporate all of the preceding conditions and add the following conditions: a.The site shall be developed,used and maintained in accordance with the conditions of this ordinance,approved Official Exhibits,and City Code. b.Before the city issues a building permit for the addition,the applicant must obtain a permit to install a fire suppression system in the existing building. c.All utilities shall be buried. DocuSian Envelope ID:B92D9208-6420-4584-928D-CCB73CC6D1B1 Resolution No.21-092 4 d.Prior to starting any land disturbing activities,the following conditions shall be met: i.A preconstruction meeting shall be held with the appropriate development,construction,private utility and city representatives. ii.All necessary permits shall be obtained. iii.Final construction plans for all improvements shall be signed by a registered engineer and submitted to the city engineer for review and approval. e.The developer shall comply with the following conditions during construction: i.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. ii.The site shall be kept free of dust and debris that could blow onto neighboring properties. iii.Public streets shall be maintained free of dirt and shall be cleaned as necessary. iv.The city shall be contacted a minimum of 72 hours prior to any work in a public street. v.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. vi.Temporary electric power connections shall not adversely impact surrounding neighborhood service. f.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. g.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: Kim Keller,city manager Attest: lDocuSigned by: GF63Zs0430MelissaKennedy,city clerk Adopted by the City Council August 16,2021 []DocuSigned by:nJakeSpano,mayor