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HomeMy WebLinkAbout24-058 - ADMIN Resolution - City Council - 2024/05/06Resolution No. 24-058 Approving a major amendment to the conditional use permit (Resolution No. 10-046) to operate a drive-in restaurant at 3712 Quebec Ave. S. Whereas, Luke Derheim, owner of the subject property legally defined below applied for approval of a major amendment of a conditional use permit under Section 36-33 of the St. Louis Park Ordinance Code to allow modifications to the site and building of the existing drive-in restaurant located at 3712 Quebec Ave S; the property is legally described in “Exhibit A” attached hereto; and Whereas, the city council considered the planning commission recommendation and the information related to Planning Case No. 24-05-CUP and the effect of the proposed building on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, the effect on the value of properties in the surrounding area and the effect of the use on the comprehensive plan, and compliance with the intent of the zoning ordinance; and Whereas, the contents of Case No. 24-05-CUP are hereby entered into and made part of the public hearing record and the record of decision for this case. Now therefore be it resolved that the application for a major amendment to the conditional use permit to modify the site and building plans for the existing drive-in restaurant within the C-1 neighborhood commercial district at the location described in Exhibit A is approved as amended by removing struck-out language and adding underlined language: 1. The site shall be developed, used and maintained in accordance with Exhibits incorporated by reference herein. 2. Prior to starting any site work, the following conditions shall be met: a. A preconstruction meeting shall be held with the appropriate development, construction and city representatives. b. All necessary permits must be obtained. c. Specifications for tree protection and erosion control fencing must be submitted and approved by the city forester. Required tree protection and erosion control fencing must be installed prior to grading activities. 3. Prior to the issuance of a building permit, the following conditions shall be met: a. The applicant shall pay the tree replacement fee of $12,075.00, for the replacement of 105 caliper inches of trees on the site. b. Plans shall be reviewed by the city engineer and zoning administrator to ensure that all proposed utilities, public access points and construction DocuSign Envelope ID: F8F39AA0-3E48-4A9B-B03C-C5D802C07E82 documents conform to the requirements of the City Code of Ordinances and city policies. c. To ensure construction of the landscaping, other required public improvements, and the cleaning of public streets during construction, a financial guarantee shall be provided in the amount of 125% of the cost of the landscaping materials. d. The planned installation of any mechanical equipment shall include means to ensure it is fully screened from off-site view. 4. 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. b. Loud equipment shall be kept as far as possible from residences at all times. c. The site shall be kept free of dust and debris that could blow onto neighborhood properties. d. Public streets shall be maintained free of dirt and shall be cleaned as necessary. e. The site shall be kept free of dust and debris that could blow onto neighboring properties. f. The city shall be contacted a minimum of 72 hours prior to any work in a public street. Work in a public street shall take place only upon the determination by the director of public works that appropriate safety measures have been taken to ensure motorist and pedestrian safety. g. The zoning administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of construction on surrounding properties. 5. Prior to the issuance of any temporary or permanent occupancy permit the following shall be completed: a. Fire lanes shall be signed and striped in accordance with the signed Official Exhibits. b. Landscaping and irrigation shall be in accordance with the signed Official Exhibits. c. Exterior building improvements shall be completed in accordance with the signed Official Exhibits and approved materials and colors. d. All mechanical equipment shall be installed and it shall be demonstrated that all such equipment is fully screened from off-site views. To protect the health, safety and welfare of the community, the painting of mechanical equipment shall not be considered screening. 6. The number of customer seats allowed for the site shall be set at a ratio of three (3) seats per each parking space, as follows: DocuSign Envelope ID: F8F39AA0-3E48-4A9B-B03C-C5D802C07E82 a. The approved site plans include 36 off-street parking spaces and 13 on-street parking spaces for a total of 49 available parking spaces. Under these circumstances, 147 customer seats are permitted. b. Should on-street parking restrictions around the site be modified in the future, the number of permitted customer seats should be adjusted accordingly. 7. No outside storage is permitted. Incidental outside storage shall be removed within 48 hours. 8. Fire lanes shall be in accordance with the requirements of the fire marshal. 9. To ensure pedestrian and vehicular safety, the installation of any on-site traffic calming measures not indicated on the official exhibits, including speed bumps, shall require a major amendment to the Conditional Use Permit. 10. Hours of operation at the drive-in restaurant shall be limited to the hours between 89:00 AM and 10:00 PM Sunday through Thursday, and 9:00 AM through 11:00 PM Friday and Saturday. 11. Rights-of-way adjacent to the property shall be maintained clear from permanent structures. A city right-of-way permit shall be required for any temporary use of the right-of-way. 12. The previously approved exhibits are replaced by the exhibits approved by the city council on May 6, 2024. 13. The photometric plan shall be amended to meet the zoning code regulations. 14. The fence and all art and play structures in the public right-of-way shall be removed. An encroachment agreement shall be required for any seating and improvements installed within the public right-of-way. 15. Music from loudspeakers shall not be audible from off-site. 16. All utility services shall be buried. 17. A public sidewalk that meets city public sidewalk specifications shall be constructed within the south side of the highway 7 frontage road public right-of-way. 18. 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. All necessary permits shall be obtained. DocuSign Envelope ID: F8F39AA0-3E48-4A9B-B03C-C5D802C07E82 19. Prior to issuing any building permits, a development agreement shall be executed between the city and developer that addresses, at a minimum: a. The installation of all public and private improvements including, but not limited to: sidewalks, parking lot, modifications to the boulevards, and the execution of necessary easements related to such improvements. 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 public improvements, placement of iron monuments at property corners, and the private site stormwater management system and landscaping. c. The applicant shall reimburse city attorney’s fees in drafting/reviewing such documents as required in the final plat approval. 20. The mayor and city manager are authorized to execute the development agreement. 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 Registrar of Titles as the case may be. Reviewed for administration: Adopted by the city council May 6, 2024: Kim Keller, city manager Nadia Mohamed, mayor Attest: Melissa Kennedy, city clerk DocuSign Envelope ID: F8F39AA0-3E48-4A9B-B03C-C5D802C07E82 Exhibit A Legal description: Lot 5, except State Highway 7 and including adjoining half of alley vacated and Lots 6 to 9, including adjoining half of alley vacated, Block 319, REARRANGEMENT OF ST. LOUIS PARK, Hennepin County, Minnesota, DocuSign Envelope ID: F8F39AA0-3E48-4A9B-B03C-C5D802C07E82