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HomeMy WebLinkAbout21-153 - ADMIN Resolution - City Council - 2021/12/06Resolution No. 21-153 Resolution approving a conditional use permit for motor vehicle sales and motor vehicle service and repair as accessory uses at 6639 Wayzata Boulevard Whereas, Morrie’s Automotive Group applied for a conditional use permit (Case No. 21- 36-CUP) to make building and site improvements at 6639 Wayzata Boulevard; the property is legally described as follows, to-wit: That part of the Northeast Quarter of the Southeast Quarter of Section 5, Township 117, Range 21, described as follows: Commencing at the point of intersection of the Southerly right of way line of U. S. Highway No. 12 with the East line of Hampshire Avenue; thence South along said East line 435 feet; thence at a right angle East 500 feet; thence at a right angle North 455.59 feet to the Southerly right of way line of said highway; thence westerly along said right of way line 500.43 feet to the point of beginning. Whereas, the property is located in the C-2 General Commercial zoning district, and motor vehicle sales, service and repair uses are allowed in this district by conditional use permit. Whereas, the property is located in FEMA flood zone A and Travel demand management zone B. Whereas, the property is guided “Commercial” in the comprehensive plan, which allows motor vehicle sales, service and repair. Whereas, the property has been used continuously for motor vehicle sales since 1966, and Morrie’s Automotive Group will continue to use it as such. Whereas, the use of this property for motor vehicle sales, service and repair 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 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 motor vehicle sales, service and repair 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. DocuSign Envelope ID: A4D2F26F-F50B-4E02-9622-E87131045F59 Resolution No. 21-153 2 Whereas, the site design for the property 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. The existing utilities have capacity for the use. Whereas, the city council has determined that the conditional use permit application meets the requirements for motor vehicle sales in the C-2 district, including: 1. No previously registered but currently unlicensed or inoperable vehicles shall be stored on premises. 2. A minimum of 50 percent of the vehicles for sale on the premises shall be new vehicles. 3. All open sales or rental lots shall be operated in conjunction with a building or buildings containing the same or similar materials as displayed on the open sales or rental lot. 4. The building and the sales or rental lot shall be on one contiguous site. 5. String lighting shall be prohibited. 6. The area of open sales or rental lot used for storage and display of merchandise shall not exceed two square feet for every one square foot of building on the site devoted to the same or a similar use or accessory use. 7. No test driving shall be permitted on local residential streets. 8. No outdoor public address system shall be permitted. 9. All customer and employee parking shall be clearly designated and signed. 10. No motor vehicle transport loading or unloading shall be permitted on any minor residential street. 11. No display or storage of motor vehicles shall be permitted on any public right-of-way. 12. The storage lot shall be located a minimum of 100 feet from 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. 13. 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 city council has determined that the conditional use permit application meets the requirements for motor vehicle service and repair as an accessory use in the C-2 district, including: 1. No public address system shall be audible from any parcel that is zoned residential and used or subdivided for residential, or has an occupied institutional building, including but not limited to schools, religious institutions, and community centers. 2. All repair, assembly, disassembly, and maintenance of vehicles shall be inside a closed building except tire inflation, changing wipers or adding oil. 3. Test driving shall be prohibited on any street in an R or O 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. DocuSign Envelope ID: A4D2F26F-F50B-4E02-9622-E87131045F59 Resolution No. 21-153 3 5. The building housing the use shall be located a minimum of 100 feet from 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. In the case of an automatic carwash where the vehicular entrance and exit doors do not face said parcel within 100 feet, the building shall be located a minimum of 95 feet from said 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. Whereas, the contents of Case No. 21-36-CUP are hereby entered into and made part of the record of decision for this case. Now therefore be it resolved, that the St. Louis Park City Council hereby approves a conditional use permit for Morrie’s Automotive Group to allow motor vehicle sales, service and repair uses at 6639 Wayzata Boulevard, subject to the following conditions: 1. The special permit granted by Resolution 3050 and amended by Resolution 5979 are revoked. 2. Before the city issues a building permit for the project, the applicant must obtain a permit to install a fire suppression system in the existing building. 3. The owner shall install signage to differentiate between customer, employee, and display parking, and only employees shall be allowed to park and drive vehicles to and from display spaces. 4. A sign permit shall be approved by city staff before any new signs are installed on the site. 5. All utilities shall be buried. 6. Prior to starting any land disturbing activities, the following conditions shall be met: a. A preconstruction meeting shall be held with the appropriate development, construction, private utility, and city representatives. b. 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 the estimated costs for the installation of all landscaping improvements. c. All necessary permits shall be obtained. d. Final construction plans for all improvements shall be signed by a registered engineer and submitted to the city engineer for review and approval. 7. The developer shall comply with the following conditions during construction: 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. DocuSign Envelope ID: A4D2F26F-F50B-4E02-9622-E87131045F59 Resolution No. 21-153 4 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. 8. 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. 9. 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 the Registrar of Titles as the case may be. Reviewed for administration: Adopted by the City Council December 6, 2021 Kim Keller, city manager Jake Spano, mayor Attest: Melissa Kennedy, city clerk DocuSign Envelope ID: A4D2F26F-F50B-4E02-9622-E87131045F59 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 January 7,2022 Mr.Chase Peterson-Etem City of St.Louis Park Office ofthe City Clerk 5005 Minnetonka Blvd St.Louis Park,MN 5 5416 Re:Miscellaneous Recordings Dear Mr.Peterson-Etem: Please find enclosed,for the City's files,the following document which was e- recorded with Hennepin County: •Resolution No.21-152 recorded December 28,2021 with the office of the Hennepin County Recorder as Abstract Document No.Al1061355;and •Resolution No.21-153 recorded December 28,2021 with the office of the Hennepin County Recorder as Abstract Document No.Al1061358. We continue to experience delays in receiving receipts of e-recordings along with copies of e-recorded documents from Hennepin County. This document was 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 551 21 Main:651-452-5000 Fax:651-234-6237 www.ck-law.com Enclosures/smt CAMPBELL KNUTSON Professional Association By /sStuartM.Teigen Stuart M.Teigen,Legal Assistant RECEIVED JAN 07 ZZ OFFICE OF THE CITY CLERK 1111111111 II 1111111111 LAND TYPE Abstract (A) DOC NUM 11061358 Certified,filed and/or recorded on Dec 28,2021 10:33 AM Office of the County Recorder Hennepin County,Minnesota Amber Bougie,County Recorder Mark Chapin,County Auditor and Treasurer Deputy 125 Pkg ID 2377542E Document Recording Fee Document Total This cover sheet is now a permanent part of the recorded document. $46.00 $46.00 DocuSign Envelope ID:A4D2F26F-F50B-4E02-9622-E87131045F59 SAT St.Louis ParkJJl»sot Administration Office SOOS Minnetonka Blvd. St.Louis Park,MN 55416 952.928.2840 STATE OF MINNESOTA COUNTY OF HENNEPIN CllY OF ST.LOUIS PARK } )ss ) "CITY COUNCIL RESOLUTION" The undersigned hereby certifies the following: 1)The attached is a full,true and correct copy of the original Resolution No.21-153 adopted December 6,2021,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 Seat of the City of St.Louis Park. Melissa Kennedy City Clerk Date:12/9/2021 DocuSign Envelope ID:A4D2F26F-F50B-4E02-9622-E87131045F59 Resolution No.21-153 Resolution approving a conditional use permit for motor vehicle sales and motor vehicle service and repair as accessory uses at 6639 Wayzata Boulevard Whereas,Morrie's Automotive Group applied for a conditional use permit (case No.21- 36-CUP)to make building and site improvements at 6639 Wayzata Boulevard;the property is legally described as follows,to-wit: That part of the Northeast Quarter of the Southeast Quarter of Section 5,Township 117, Range21,described as follows: Commencing at the point of intersection of the Southerly right of way line of U.S. Highway No.12 with the East line of Hampshire Avenue;thence South along said East line 435 feet;thence at a right angle East 500 feet;thence at a right angle North 455.59 feet to the Southerly right of way line of said highway;thence westerly along said right of way line 500.43 feet to the point of beginning. Whereas,the property is located in the C-2 General Commercial zoning district,and motor vehicle sales,service and repair uses are allowed in this district by conditional use permit. Whereas,the property is located in FEMA flood zone A and Travel demand management zone B. Whereas,the property is guided "Commercial"in the comprehensive plan,which allows motor vehicle sales,service and repair. Whereas,the property has been used continuously for motor vehicle sales since 1966, and Morrie's Automotive Group will continue to use it as such. Whereas,the use of this property for motor vehicle sales,service and repair 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 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 motor vehicle sales,service and repair 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. DocuSign Envelope ID:A4D2F26F-F50B-4E02-9622-E87131045F59 Resolution No.21-153 2 Whereas,the site design for the property 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.The existing utilities have capacity for the use. Whereas,the city council has determined that the conditional use permit application meets the requirements for motor vehicle sales in the C-2 district,including: 1.No previously registered but currently unlicensed or inoperable vehicles shall be stored on premises. 2.A minimum of SO percent of the vehicles for sale on the premises shall be new vehicles. 3.All open sales or rental lots shall be operated in conjunction with a building or buildings containing the same or similar materials as displayed on the open sales or rental lot. 4.The building and the sales or rental lot shall be on one contiguous site. 5.String lighting shall be prohibited. 6.The area of open sales or rental lot used for storage and display of merchandise shall not exceed two square feet for every one square foot of building on the site devoted to the same or a similar use or accessory use. 7.No test driving shall be permitted on local residential streets. 8.No outdoor public address system shall be permitted. 9.All customer and employee parking shall be clearly designated and signed. 10.No motor vehicle transport loading or unloading shall be permitted on any minor residential street. 11.No display or storage of motor vehicles shall be permitted on any public right-of-way. 12.The storage lot shall be located a minimum of 100 feet from 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. 13.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 city council has determined that the conditional use permit application meets the requirements for motor vehicle service and repair as an accessory use in the C-2 district,including: 1.No public address system shall be audible from any parcel that is zoned residential and used or subdivided for residential,or has an occupied institutional building,including but not limited to schools,religious institutions,and community centers. 2.All repair,assembly,disassembly,and maintenance of vehicles shall be inside a closed building except tire inflation,changing wipers or adding oil. 3.Test driving shall be prohibited on any street in an R or O 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. DocuSign Envelope ID:A4D2F26F-F50B-4E02-9622-E87131045F59 Resolution No.21-153 3 5.The building housing the use shall be located a minimum of 100 feet from 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.In the case of an automatic carwash where the vehicular entrance and exit doors do not face said parcel within 100 feet,the building shall be located a minimum of 95 feet from said 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. Whereas,the contents of Case No.21-36-CUP are hereby entered into and made part of the record of decision for this case. Now therefore be it resolved,that the St.Louis Park City Council hereby approves a conditional use permit for Morrie's Automotive Group to allow motor vehicle sales,service and repair uses at 6639 Wayzata Boulevard,subject to the following conditions: 1.The special permit granted by Resolution 3050 and amended by Resolution 5979 are revoked. 2.Before the city issues a building permit for the project,the applicant must obtain a permit to install a fire suppression system in the existing building. 3.The owner shall install signage to differentiate between customer,employee,and display parking,and only employees shall be allowed to park and drive vehicles to and from display spaces. 4.A sign permit shall be approved by city staff before any new signs are installed on the site. 5.All utilities shall be buried. 6.Prior to starting any land disturbing activities,the following conditions shall be met: a.A preconstruction meeting shall be held with the appropriate development, construction,private utility,and city representatives. b.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 the estimated costs for the installation of all landscaping improvements. c.All necessary permits shall be obtained. d.Final construction plans for all improvements shall be signed by a registered engineer and submitted to the city engineer for review and approval. 7.The developer shall comply with the following conditions during construction: 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. DocuSign Envelope ID:A4D2F26F-F5OB4E02-9622-E87131045F59 Resolution No.21-153 4 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. 8.In addition to any other remedies,the developer or owner shall pay an administrative fee of $750 per violation of any condition of this approval. 9.The conditional use permit shall be revoked and cancelled if the building or structure for which the conditional use permit is granted is removed. The City Clerk is instructed to record certified copies of this resolution in the Office of the Hennepin County Register of Deeds or the Registrar of Titles as the case may be. Reviewed for administration: Kim Keller,city manager Attest: Melissa Kennedy,city clerk Adopted by the City Council December 6,2021 [JDocuSigned by:9.5re. G16699E&BC234F€...Jake Spano,mayor DocuSign Envelope ID:A4D2F26F-F50B-4E02-9622-E87131045F59 St.Louis ParkMilson» Administration Office 5005 Minnetonka Blvd. St.Louis Park,MN 55416 952.928.2840 STATE OF MINNESOTA ) COUNTY OF HENNEPIN )ss CITY OF ST.LOUIS PARK ) "CITY COUNCIL RESOLUTION" The undersigned hereby certifies the following: 1)The attached is a full,true and correct copy of the original Resolution No.21-153 adopted December 6,2021,and on file in the Office of the City Clerk. 2)The City Council meeting was held upon due call and notice. WITNESS my hand and the Seal of the City of St.Louis Park. Date:12/9/2021 Melissa Kennedy City Clerk ¢GT.LO}O,'\",&JI'\.t w,B-,',-7$°'''·oO;CORPORATE ·,7•'•a 'SEAL '·.ee 1111ttuu•••••~ Pn CO: DocuSign Envelope ID:A4D2F26F-F50B-4E02-9622-E87131045F59 Resolution No.21-153 Resolution approving a conditional use permit for motor vehicle sales and motor vehicle service and repair as accessory uses at 6639 Wayzata Boulevard Whereas,Morrie's Automotive Group applied for a conditional use permit (Case No.21- 36-CUP)to make building and site improvements at 6639 Wayzata Boulevard;the property is legally described as follows,to-wit: That part of the Northeast Quarter of the Southeast Quarter of Section 5,Township 117, Range 21,described as follows: Commencing at the point of intersection of the Southerly right of way line of U.S. Highway No.12 with the East line of Hampshire Avenue;thence South along said East line 435 feet;thence at a right angle East 500 feet;thence at a right angle North 455.59 feet to the Southerly right of way line of said highway;thence westerly along said right of way line 500.43 feet to the point of beginning. Whereas,the property is located in the C-2 General Commercial zoning district,and motor vehicle sales,service and repair uses are allowed in this district by conditional use permit. Whereas,the property is located in FEMA flood zone A and Travel demand management zone B. Whereas,the property is guided "Commercial"in the comprehensive plan,which allows motor vehicle sales,service and repair. Whereas,the property has been used continuously for motor vehicle sales since 1966, and Morrie's Automotive Group will continue to use it as such. Whereas,the use of this property for motor vehicle sales,service and repair 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 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 motor vehicle sales,service and repair 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. DocuSign Envelope ID:A4D2F26F-F50B-4E02-9622-E87131045F59 Resolution No.21-153 2 Whereas,the site design for the property 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.The existing utilities have capacity for the use. Whereas,the city council has determined that the conditional use permit application meets the requirements for motor vehicle sales in the C-2 district,including: 1.No previously registered but currently unlicensed or inoperable vehicles shall be stored on premises. 2.A minimum of 50 percent of the vehicles for sale on the premises shall be new vehicles. 3.All open sales or rental lots shall be operated in conjunction with a building or buildings containing the same or similar materials as displayed on the open sales or rental lot. 4.The building and the sales or rental lot shall be on one contiguous site. 5.String lighting shall be prohibited. 6.The area of open sales or rental lot used for storage and display of merchandise shall not exceed two square feet for every one square foot of building on the site devoted to the same or a similar use or accessory use. 7.No test driving shall be permitted on local residential streets. 8.No outdoor public address system shall be permitted. 9.All customer and employee parking shall be clearly designated and signed. 10.No motor vehicle transport loading or unloading shall be permitted on any minor residential street. 11.No display or storage of motor vehicles shall be permitted on any public right-of-way. 12.The storage lot shall be located a minimum of 100 feet from 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. 13.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 city council has determined that the conditional use permit application meets the requirements for motor vehicle service and repair as an accessory use in the C-2 district,including: 1.No public address system shall be audible from any parcel that is zoned residential and used or subdivided for residential,or has an occupied institutional building,including but not limited to schools,religious institutions,and community centers. 2.All repair,assembly,disassembly,and maintenance of vehicles shall be inside a closed building except tire inflation,changing wipers or adding oil. 3.Test driving shall be prohibited on any street in an R or O 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. DocuSign Envelope ID:A4D2F26F-F50B-4E02-9622-E87131045F59 Resolution No.21-153 3 5.The building housing the use shall be located a minimum of 100 feet from 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.In the case of an automatic carwash where the vehicular entrance and exit doors do not face said parcel within 100 feet,the building shall be located a minimum of 95 feet from said 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. Whereas,the contents of Case No.21-36-CUP are hereby entered into and made part of the record of decision for this case. Now therefore be it resolved,that the St.Louis Park City Council hereby approves a conditional use permit for Morrie's Automotive Group to allow motor vehicle sales,service and repair uses at 6639 Wayzata Boulevard,subject to the following conditions: 1.The special permit granted by Resolution 3050 and amended by Resolution 5979 are revoked. 2.Before the city issues a building permit for the project,the applicant must obtain a permit to install a fire suppression system in the existing building. 3.The owner shall install signage to differentiate between customer,employee,and display parking,and only employees shall be allowed to park and drive vehicles to and from display spaces. 4.A sign permit shall be approved by city staff before any new signs are installed on the site. 5.All utilities shall be buried. 6.Prior to starting any land disturbing activities,the following conditions shall be met: a.A preconstruction meeting shall be held with the appropriate development, construction,private utility,and city representatives. b.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 the estimated costs for the installation of all landscaping improvements. c.All necessary permits shall be obtained. d.Final construction plans for all improvements shall be signed by a registered engineer and submitted to the city engineer for review and approval. 7.The developer shall comply with the following conditions during construction: 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. DocuSign Envelope ID:A4D2F26F-F50B-4E02-9622-E87131045F59 Resolution No.21-153 4 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. 8.In addition to any other remedies,the developer or owner shall pay an administrative fee of $750 per violation of any condition of this approval. 9.The conditional use permit shall be revoked and cancelled if the building or structure for which the conditional use permit is granted is removed. The City Clerk is instructed to record certified copies of this resolution in the Office of the Hennepin County Register of Deeds or the Registrar of Titles as the case may be. Reviewed for administration: Kim Keller,city manager Attest: ~ DocuSigned by: i1)-:2e »·kd$Kou.L ••••(__./• 2FCF537CE5FQ439 Melissa Kennedy,city clerk Adopted by the City Council December 6,2021 []"""'""""'}re. G46599£80234F€-..Jake Spano,mayor