Loading...
HomeMy WebLinkAbout25-124 - ADMIN Resolution - City Council - 2025/10/06Resolution No. 25-124 Approving a conditional use permit under Section 36-33 of the St. Louis Park zoning ordinance to allow in-vehicle service and the use of off-site and shared parking at 8528 Highway 7 Whereas, Lindsay Knollwood 2, LLC applied for approval of a conditional use permit for the purpose of constructing a Chipotle restaurant with in-vehicle services, off-site parking, and shared parking at 8528 Highway 7; the property is legally described in “Exhibit A” attached hereto; and Whereas, the property is guided ROW – right of way in the comprehensive plan future land use map; and Whereas, the future land use of the property will change to COM – Commercial with approval of a comprehensive plan amendment by city council and authorization by the Metropolitan Council; and Whereas, the property is located in the C-2 general commercial zoning district; and Whereas, the city council has determined that the application meets the conditions for in- vehicle service in the C-2 general commercial zoning district, including: 1.Drive-through facilities and stacking areas shall not be located within 100 feet of 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, unless the entire facility and stacking areas are separated from the lot in a N district by a building wall. 2.Stacking shall be provided for six cars per customer service point and shall comply with all yard requirements. 3.This use shall only be permitted when it can be demonstrated that the operation will not have a significant adverse effect on the existing level of service on adjacent streets and intersections. 4.The drive-through facility shall be designed so it does not impede traffic or impair vehicular and pedestrian traffic movement, or exacerbate the potential for pedestrian or vehicular conflicts. 5.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. 6.Any canopy constructed as part of this use shall be compatible with the architectural design and materials of the principal structure. 7.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 Docusign Envelope ID: 58ED0D95-6EF1-4AAE-A90F-5573E370B33F 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 application meets the conditions for off- site parking, including: 1.Paved pedestrian access shall be provided and maintained between the off-site parking facility and the principal structure. 2.The off-site parking facility shall be located no further than 300 feet from a residential structure and no further than 500 feet from a non-residential structure. Shuttle service may be provided as an alternative means of access for non-residential uses. 3.Off-site parking facilities shall be protected by an irrevocable covenant recorded by the county. A certified copy of the recorded document shall be provided to the Zoning Administrator within 60 days after approval of the agreement by the city council. Whereas, the city council has determined that the application meets the conditions for shared parking, including: 1.The uses shall have their highest peak demand for parking at substantially different times of the day or week, or an adequate amount of parking shall be available for both uses during shared hours of peak demand. 2.The minimum spaces required under a shared parking agreement shall be based on the number of spaces required for the use that requires the most parking. 3.A shared parking agreement shall be filed with the city. The terms of the shared parking agreement shall include, at a minimum: a.The hours, size, and a description of the operation of each of the tenants. b.A dimensioned site plan showing the location and number of parking spaces. c.A plan for remediating conflicts between tenants. The plan shall identify the property owner or designee as being responsible for administering and enforcing the agreement. d.A statement acknowledging that the city may deny a proposed use or expansion of an existing use if it deems the site does not have sufficient parking. e.The plan shall be signed by the property owner. Whereas, the in-vehicle services use, off-site parking and shared parking are consistent with and supportive of principles, goals, objectives, land use designations, redevelopment plans, neighborhood objectives, and implementation strategies of the comprehensive plan; and Whereas, the in-vehicle services use, off-site parking and shared parking are not detrimental to the health, safety, morals 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 conditional use; and Docusign Envelope ID: 58ED0D95-6EF1-4AAE-A90F-5573E370B33F Whereas, the in-vehicle services use, off-site parking and shared parking are consistent with the regulations, intent and purpose of city code and the zoning district in which the conditional use is located; and Whereas, the in-vehicle services use, off-site parking and shared parking will not have undue adverse impacts on governmental facilities, services or improvements which are either existing or proposed; and Whereas, the in-vehicle services use, off-site parking and shared parking are consistent with the design and other requirements of site and landscape plans 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 council; and Whereas, the in-vehicle services use, off-site parking and shared parking are consistent with the city’s stormwater, sanitary sewer, and water plans; and Whereas, the in-vehicle services use, off-site parking and shared parking comply with all conditions imposed by the city council and listed within the conditional use permit; and Whereas, the contents of Case No. 25-04-CUP are hereby entered into and made part of the record of decision for this case, Now therefore be it resolved, that the conditional use permit is hereby approved and 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.City council approval of the comprehensive plan amendment to COM – Commercial and Metropolitan Council authorization of the comprehensive plan amendment associated with the development applications. 2.The site shall be developed, used and maintained in accordance with the conditions of this ordinance, approved official exhibits and city code. 3.Construction and staging information will be provided to staff for review and approval before building permits are issued. 4.In-vehicle sales are prohibited on the site. 5.Direct driveway access to Aquila Avenue South and State Highway 7 are prohibited. 6.All new utility service structures shall be buried. 7.Prior to installation of any new signs, the applicant shall submit the necessary sign permits and a site sign plan that shows all existing and proposed signs. No signs will be permitted in public right-of-way. 8.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: 58ED0D95-6EF1-4AAE-A90F-5573E370B33F 9.Prior to issuance of building permits, the following conditions shall be met: a.Final construction plans for the private stormwater system shall be signed by a registered engineer and approved by the city engineer. 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 private site improvements including landscaping and private stormwater management system. c.A perpetual access and parking easement agreement(s) shall be executed between both properties to allow for off-site parking, shared parking, and driveway access. The agreement shall include a site plan designating parking stalls for use by customers of motor vehicle service use. Said agreement must be submitted to the city for the city attorney’s review and approval as to the form of the agreement. Proof of recording the city approved agreement shall be submitted to the city. d.A perpetual utility easement agreement shall be executed between both properties. Said agreement must be submitted to the city for the city attorney’s review and approval as to the form of the agreement. Proof of recording the city approved shall be submitted to the city. e.A complete and compliant Stormwater Pollution Prevention Plan (SWPPP) shall be provided to and approved by the city. 10.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 7 p.m. and 7 a.m. Monday through Friday, and between 7 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.The developer shall install and maintain chain link security fencing that is at least six feet tall along the perimeter of the site. All gates and access points shall be locked during non-working hours. g.Temporary electric power connections shall not adversely impact surrounding neighborhood service. 11.Prior to the issuance of any permanent certificate of occupancy permit the private utilities, site landscaping and irrigation shall be installed in accordance with the official exhibits. 12.Upon city approval of and acceptance of private site improvements, the developer shall provide a one-year warranty in the form of a cash escrow or letter of credit for 25% of the final construction costs of the improvements. Docusign Envelope ID: 58ED0D95-6EF1-4AAE-A90F-5573E370B33F 13.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. 14.The conditional use permit shall be revoked and cancelled if the use, building or structure for which the conditional use permit is granted is removed or abandoned. 15.Approval of a building permit, which may impose additional requirements. 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 Register of Titles as the case may be. Reviewed for administration: Adopted by the city council October 6, 2025: Nadia Mohamed, mayor Attest: Melissa Kennedy, city clerk Cindy Walsh, deputy city manager Docusign Envelope ID: 58ED0D95-6EF1-4AAE-A90F-5573E370B33F EXHIBIT “A” Tract BB, Registered Land Survey No. 1058, Hennepin County, Minnesota. Torrens Property Docusign Envelope ID: 58ED0D95-6EF1-4AAE-A90F-5573E370B33F