HomeMy WebLinkAbout24-126 - ADMIN Resolution - City Council - 2024/10/07Resolution No. 24-126
Amends and Restates Resolution No. 14-064 granting amendment to existing
conditional use permit under Section 36-37 of the St. Louis Park Ordinance Code
to allow expansion of Aquila Elementary School at 8500 W 31st Street
Whereas, St. Louis Park Public Schools applied for an amendment an existing conditional
use permit under 36-37 of the St. Louis Park Ordinance Code to allow for expansion of Aquila
Elementary School building at 8500 31st Street W (Case No. 24-18-CUP); and
Whereas, the subject property is legally described in “Exhibit A” attached hereto; and
Whereas, a conditional use permit was issued regarding the subject property pursuant to
Resolution No. 14-064 of the St. Louis Park City Council which contained conditions applicable
to said property.
Whereas, the applicant has requested approval to expand the existing building at 8500
31st Street W, 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. 14-064, to add the amendments now required, and to
consolidate all conditions applicable to the subject property in this resolution; and
Whereas, the property is guided RL - low density residential in the comprehensive plan
future land use map; and
Whereas, the property is located in the R-2 single family residence zoning district; and
Whereas, the city council has determined that the application for the expansion meets
the conditions for an educational facility in the R-2 zoning district, including:
1. New expansions to the building are located at least 50 feet from a lot in an R district.
2. The plan for the expansion provides an off-street passenger loading area in order to
maintain vehicular and pedestrian safety.
3. New outdoor recreational and play areas that result from the building expansion 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 significant traffic
on local residential streets; and
Whereas, the proposed site work is consistent with and supportive of the principles,
goals, objectives, land use designations, redevelopment plans, neighborhood objectives, and
implementation strategies of the comprehensive plan; and
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Whereas, the proposed project 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; and
Whereas, the proposed project is consistent with the regulations, intent and purpose of
the city code and the zoning district in which the use is located; and
Whereas, the use will not have undue adverse impacts on governmental facilities, services
or improvements which are either existing or proposed; and
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; and
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; and
Whereas, the City of St. Louis Park planning commission held a public hearing and
recommended approval of the amendment to the conditional use permit with conditions
suggested by city staff on September 18, 2024; and
Whereas, the city council has considered the advice and recommendation of the planning
commission; and
Whereas, the contents of Case No. 24-18-CUP are hereby entered into and made part of
the record of decision for this case.
Now therefore be it resolved that Resolution No. 14-064 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 with the Official
Exhibits.
2. All necessary permits must be obtained, including the city’s erosion and sediment
control permit and permit from the Minnehaha Creek Watershed District.
3. Prior to issuing the building permit, the following conditions shall be met:
a. A 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.
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ii. Submit as-builts in accordance with city requirements.
iii. The developer shall reimburse city attorney’s fees in drafting/reviewing
such documents as required in the final CUP approval.
iv. The mayor and city manager are authorized to execute said 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, including crosswalk
improvements adjacent to the site, shall be signed by a registered engineer and
submitted to the city engineer for review and approval.
d. Results of soil testing to verify contaminants within the infiltration area and
proposed changes to the infiltration area based on results shall be shared with
the city for administrative review and approval.
e. Applicant shall submit financial security in the form of cash escrow or letter of
credit in the amount of 125% of the costs of landscaping and the repair/cleaning
of public streets, curbs, sidewalks, and utilities.
f. Assent form and official exhibits must be signed by applicant ( or applicant and
owner if applicant is different from owner)
4. The applicant 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 8 p.m. and 7 a.m.10: 00 PM and 7:
00 AM, Monday through Friday, and between 8 p.m. and 9 a.m. on10: 00 PM
and 9: 00 AM, Saturday, Sunday and Holidays.
b. All activity to and from the site shall be along haul routes approved by the city.
c. The site shall be kept free of dust and debris that could blow onto neighboring
properties.
d. Public streets shall be maintained free of dirt and shall be cleaned as necessary.
e. The city shall be contacted a minimum of 72 hours prior to any work in a public
street.
f. 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.
g. Temporary electric power connections shall not adversely impact surrounding
neighborhood service.
h. The Zoning Administrator may impose additional conditions if it becomes
necessary in order to mitigate the impact on surrounding properties.
5. All utilities shall be buried.
6. 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.
7. Under the Zoning Ordinance Code, this permit shall be revoked and cancelled if the
building or structure for which the conditional use permit is granted is removed.
8. Approval of a Building Permit, which may impose additional requirements.
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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 October 7, 2024:
Kim Keller, city manager Nadia Mohamed, mayor
Attest:
Melissa Kennedy, city clerk
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Exhibit A
Legal description:
That part of the Northwest Quarter (NW I/4) of the Northeast Quarter (NE I/4) of Section
Eighteen (18), Township One Hundred Seventeen (117), Range Twenty-one (21),
Hennepin County, Minnesota, described as follows: Beginning at the Northeast corner of
the Northwest Quarter (NW I/4) of the Northeast Quarter (NE I/4) of said Section;
thence southerly along the East line of said Northwest Quarter (NWI/4) to a point Eight
Hundred Eighty-eight (888) feet from the point of beginning; thence Westerly along a line
parallel to the North line of said Northwest Quarter (NW I/4) to the East line of the right
of way of the Great Northern Railroad, as now existing; thence Northerly along the
Easterly boundary of said North section line to the point of Streets, easements, and rights
of way vacated or to be vacated and which would Otherwise revert to the grantor.
EXCEPT
(Per Quit Claim Deed Doc. No. 3539576) The South 30 feet of the following described
premises, to-wit: That part of the Northwest Quarter of the Northeast Quarter of Section
18, Township 117, Range 21, described as follows: Beginning at the Northeast corner of
the Northwest Quarter of the Northeast Quarter of said section; thence Southerly along
the East line of said Northwest Quarter to a point of 888 feet from the point of
beginning; thence Westerly along a line parallel to the North line of said Northwest
Quarter to the East line of the right-of-way of the Great Northern Railway Company
as now existing; thence Northerly along the Easterly boundary of said right-of-way to the
North line of said Section 18; thence easterly along said North section line to the
point of beginning.
ALSO EXCEPT
(Per Quit Claim Deed Doc. 3060169)
That part of the Northwest Quarter of the Northeast Quarter (NW I/4 of NE I/4) of
Section Eighteen (18), Township One Hundred Seventeen (117), Range Twenty-one (21),
Hennepin County, Minnesota, described as follows: Commencing at the Northeast Corner
of the Northwest Quarter of the Northeast Quarter (NW I/4 of NE I/4) of Section
Eighteen (18), Township One Hundred Seventeen (117), Range Twenty-one (21); thence
Southerly along the East line of said Northwest Quarter a distance of 888 feet; thence
westerly parallel to the North line of said Northwest Quarter (NW I/4) to a point 150 feet
Easterly of the Easterly right-of-way of the Great Northern Railway Company as now
existing, which is the point of beginning of the land to be described; thence
Southwesterly in a straight line to its intersection with the Easterly line of said right-of-
way, said point of intersection being One Hundred Twenty (120) feet Southwesterly
measured along said right-of-way line from its intersection with a line drawn parallel with
888 feet South of the North line of said Northwest Quarter of Northeast Quarter of said
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section; thence Northeasterly along said Easterly line of said right-of-way a distance of
300 feet; thence Southeasterly along a straight line to point of beginning.
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