Loading...
HomeMy WebLinkAbout88-21 - ADMIN Resolution - City Council - 1988/02/16RESOLUTION NO. 88-21 A RESOLUTION GRANTING SPECIAL (CONDITIONAL USE) PERMIT UNDER SECTION 14-124(2)(a) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT A DAY CARE FACILITY FOR PROPERTY ZONED DDD, DIVERSIFIED DEVELOPMENT DISTRICT, AND LOCATED AT 5219 WAYZATA BOULEVARD BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. MEPC American Properties (Children's Learning Center III, Inc.) has made application to the City Council for a special permit under Section 14-124(2)(a) of the St. Louis Park Ordinance Code for the purpose of permitting a day care facility within a DDD, Diversified Development District, located at 5219 Wayzata Boulevard for the legal description as follows, to -wit: Par 1: Lots 2, 3, 4, and 6, Block 4 except that portion of said Lots taken for Belt Line Highway, Lots 7 to 12 inclusive, Block 4 and that part of Raleigh Avenue vacated lying between the Westerly extensions of the South line of said Lot 7 and the North line of said Lot 12 and that part of the vacated alley in said Block 4 lying between the Westerly extensions of the North and South lines of said Lot 7 and between the South line of said Lot 9 and the North line of said Lot 11 and that part of the West 1/2 of the vacated alley in said Block 4 lying beween the extensions of the North and South lines of said Lot 8 and between the North and South lines of said Lot 12, all in Kavlis Cedardale, according to the plat thereof on file or of record in the office of the Register of Deeds in and for said County. That part of the following described property: That part of vacated Raleigh and Douglas Avenues as shown on the plat of Kavlis Cedardale lying between the extensions across said Avenues of the South and West lines of Lot 7, Block 4 and that part of said vacated Douglas Avenue adjoining Lots 6 and 7, Block 4 of said plat lying between the Westerly line of Belt Line Highway and the extension across said Avenue of the West line of said Lot 7; Block 4, Kavlis Cedardale, according to the plat thereof on file or of record in the Office of the Register of Deeds in and for said County which lies Northerly of a straight line extending between the Southwest corner of Tract E, Registered Land Survey No. 846 and -the Westerly right-of-way Of State Trunk Highway 100 passing through a point on the East line of said Tract E distant 18.18 feet North of the Southeast corner of said Tract E as measured along said East line. Subject to a reservation by the State of Minnesota of mineral and mineral rights as to Lots 2 and 11; Par 2: Tract D, Registered Land Survey No. 864, Files of Registrar of Titles, County of Hennepin. Par 3: That part of the South 60 feet of the North 753.61 feet of the Northeast Quarter of the Southwest Quarter of Section 30, Township 29, Range 24 lying West of the Belt Line Highway, according to the United States Government Survey. Par 4: That part of Lots 12, 13, and 14, Block 3, Brookland Hills lving Northerly o the Northerly line of the plat of Norman Center, Inc., according to the recorded plat thereof. Par 5: The land shown and designated on the plat of Norman Center Inc. as New State Highway No. 5, U.S. Interstate No. 494, according to the plat thereof on file or of record in the office of the Registrar of Titles in and for said County. Par 6: That part of Lot 4, Block 1, Norman Center Inc. Second Addition lying Westerly of the Westerly line of the plat of Pure's Addition, according to the plat thereof on file or of record in the office of the Registrar of Titles in and for said County. Par 7: That part of Lot 1, Block 1, Norman Center Inc. Third Addition lying Westerly of the Westerly line of the plat of Pure's Addition, according to the plat thereof on file or of record in the office of the Registrar of Titles in and for said County. Subject to drainage and utility easements as shown on plat; (as to land in Par 7) Par 8: Lots 1 and 2, Block 1 Norman Center Inc. Fourth Addition, according to the plat thereof 'on file or of record in the office of the Registrar of Titles in and for said County. Subject to storm sewer easement as shown on plat; (as to Lot 1, Block 1, Norman Center Inc. Fourth Addition in Par 8) Subject to drainage and utility easements as shown on plat; (as to Lots 1 and 2, Block 1, Norman Center Inc. Fourth Addition in Par 8) Subject to drainage and channel change easement as shown on plat; (as to Lot 1, Block 1, Norman Center Inc. Fourth Addition in Par 8) Subject to snow fence easements and limitation on the rights of access to Trunk Highway No. 5 and Trunk Highway Legislative Route No. 390 as shown by instruments of record in Book 2470 of Deeds, page 1, Document No. 3512230 and Book 2492 of Deeds, page 199, Document No. 3539188 respectively; (as to Pars 4, 6, 7 and 8) Subject to the restrictions in favor of the State of Minnesota contained in Document No. 963924, Files of Registrar of Titles as to portions of Lot 4, Block 1, Norman Center Inc. Second Addition and Lot 1, Block 1, Norman Center ine. Fourth Addition; (See Order Doc. No. 990570) (as to Par 6 and part of Par 8) Par 9: That part of the South Half of the Southwest Quarter, Section 30, Township 29, Range 24 described as beginning at the Southwest corner of said South Half of the Southwest Quarter; thence North along the West line of said South Half of the Southwest Quarter to a point 258.6 feet South from the Southwest corner of the North 200 feet of said South Half of the Southwest Quarter; thence East at a right angle 315 feet; thence Easterly to a point on the Southerly extension of the West line of Registered Land Survey No. 864 at a point therein distant 424.97 feet South from the Southwest corner of said Registered Land Survey No. 864; thence North along said extension to the North line of said South Half of the Southwest Quarter; thence East along said North line to the Westerly right-of-way line of State Trunk Highway No. 100 as described in the Final Certificate recorded in Book 412 of Miscellaneous Records, page 148 in the office of the Register of Deeds; thence Southerly and Southwesterly along said Westerly right-of-way line to the extension of a line drawn parallel with and 33 feet Northerly from the center line of Cedar Lake Road as shown in the plat of Watson's Addition; thence Southerly parallel with the center line of said Highway to the extension of the center line of said Cedar Lake Road; thence Westerly along the extension of said center line and along the center line of said Cedar Lake Road to the South line of said South Half of the -Southwest Quarter; thence West along said South line to the point of beginning except that part thereof embraced within Registered Land Survey No. 1481 and except that part thereof lying Northerly of the Northerly line of Gamble Drive as described in Ordinance No. 1004 filed as Doc. No. 922588 in the office of the Registrar of Titles (Torrens Certificate No. 687551) 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 87 -89 -SP) and the effect of the proposed day care facility on the health, safety and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, the effect on values of properties in the surrounding area, the effect of the use on the Comprehensive Plan, and compliance with the intent of the Zoning Ordinance. 3. The Council has- determined tnat the proposed day care facility will not be detrimental to the health, safety, or general welfare of the community nor will it cause serious traffic congestion nor hazards, nor will it seriously depreciate surrounding property values, and the proposed day care facility is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. Conclusion The special permit toper -mit -a -day -care facility at the location debcribetl is- granted based on the findings set forth above and subject to the following conditions: 1. The site shall be developed, used and maintained in accordance with Exhibit A - Site Plan, Exhibit B - Play Area Plan, and Exhibit C - Floor Plan. 2. A three foot wide strip adjacent to the fence and running the full length from north to south shall be planted with a combination of plant materials suitable to provide visual screening of the fence. 3. That a professional opinion on the concentration of carbon monoxide be submitted and accepted by staff prior to requesting and obtaining a construction permit to remodel the building for day care use. 4. All improvements shall be completed by May 30, 1988. 5. This special permit for day care and use of a portion of the site for day care shall expire on February 15, 1993. ATTEST: Reviewed for administration: Yt.l'Aqi.{AA)W- y Manager Adopted by the City Council February 16, 1988 a/A-44- Approved as to form and execution: 1 1 f RESOLUTION 88-22 RESOLUTION ADOPTING ASSESSMENT IMPROVEMENT NO. 87-55: ALLEY PAVING BE IT RESOLVED by the City Council of the City of St. Louis Park as follows: 1. Notice of hearing on this improvement was duly mailed on February 2, 1988 and published in the official city newspaper, the St Louis Park Sailor,` on FEBRUARY 8, 1988, as required by Minnesota Statutes, Chapter 429. 2. A public hearing having been held on this date and opportunity having been given at the hearing to all persons to make known their objections to the proposed assessment, and the Council being fully advised of the pertinent facts, the proposed assessment as it deems just is adopted and shall constitute the special assessment levied against the respective lands therein described, and each tract of land is found to be specifically benefited by the improvements in the amount of assessment levied against it. 3. The assessment shall be payable, unless prepaid, in equal annual installments extending over the period of 20 years. The first installment shall be payable concurrently with general taxes levied in the year 1988, and payable in the year 1989 , and shall bear interest at the rate of 9 percent per annum. To the first installment shall be added interest on the entire assessment from FEBRUARY 16, 1988 until December 31, 1988, the year in which the assessment will be levied. For subsequent installments, interest shall be added for one year on the total of all Illiunpaid instal l ments. No interest wi l l be charged as to any parcel if the entire assessment is paid at the Office of the Treasurer within 30 days from the date of adoption of the assessment resolution. 4. The number of years over which installments are to be extended is as follows: IMPROVEMENT NO. TYPE OF IMPROVEMENT LOCATION 87-55 Concrete Alley Paving The North/South Segment in 3000 Block between Joppa Ave. and Lynn Avenue. which shall be extended over a period of 20 years. 5. The clerk shall transmit a certified copy of this assessment to the county auditor to be extended on the proper tax lists of the county, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the City Council February 16, 1988 tii , ibir,r-if Mayo Approv. s o Band execution: City At ' ney 44 RESOLUTION 88-23 RESOLUTION ADOPTING ASSESSMENT IMPROVEMENT NO. 87-03: ALLEY PAVING BE IT RESOLVED by the City Council of the City of St. Louis Park as follows: 1. Notice of hearing on this improvement was duly mai led on February 2, 1988 and published in the official city newspaper, the St Louis Park Sailor, on FEBRUARY 8, 1988, as required by Minnesota Statutes, Chapter 429. 2. A public hearing having been held on this date and opportunity having been given at the hearing to all persons to make known their objections to the proposed assessment, and the Council being fully advised of the pertinent facts, the proposed assessment as it deems just is adopted and shall constitute the special assessment levied against the respective lands therein described, and each tract of land is found to be specifically benefited by the improvements in the amount of assessment levied against it. 3. The assessment shall be payable, unless prepaid, in equal annual installments extending over the period of 20 years. The first installment shall be payable concurrently with general taxes levied in the year 1988,, and payable in the year 1989 , and shall bear interest at the rate of 9 percent per annum. To the first installment shall be added interest on the entire assessment from FEBRUARY 16, 1988 until December 31, 1988, the year in which the assessment will be levied. For subsequent installments, interest shall be added for one year on the total of all IIIunpaid installments. No interest will be charged as to any parcel if the entire assessment is paid at the Office of the Treasurer within 30 days from the date of adoption of the assessment resolution. 4. The number of years over which installments are to be extended is as follows: IMPROVEMENT NO. 87-03 TYPE OF IMPROVEMENT Concrete Alley Paving LOCATION Between Princeton Ave. and Quentin Ave.from Minnetonka Blvd. to W. 29th Street. which shall be extended over a period of 20 years. 5. The clerk shall transmit a certified copy of this assessment to the county auditor to be extended on the proper tax lists of the county, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the City Council Februa) y 16,/' 198 W 'e iewed forin' tration: ►#!�y Manager Appr ori execution: City Att r RESOLUTION 88-24 RESOLUTION ADOPTING ASSESSMENT IMPROVEMENT NO. 87-34: ALLEY PAVING BE IT RESOLVED by the City Council of the City of St. Louis Park as follows: 1. Notice of hearing on this improvement was duly mailed on February 2, 1988 and published in the official city newspaper, the St Louis Park Sailor, on FEBRUARY 8, 1988, as required by Minnesota Statutes, Chapter 429. 2. A public hearing having been held on this date and opportunity having been given at the hearing to all persons to make known their objections to the proposed assessment, and the Council being fully advised of the pertinent facts, the proposed assessment as it deems just is adopted and shall constitute the special assessment levied against the respective lands therein described, and each tract of land is found to be specifically benefited by the improvements in the amount of assessment levied against it. 3. The assessment shall be payable, unless prepaid, in equal annual installments extending over the period of 20 years. The first installment shall be payable concurrently with general taxes levied in the year 1988, and payable in the year 1989 , and shal 1 bear interest at the rate of 9 percent per annum. To the first installment shall be added interest on the entire assessment from FEBRUARY 16, 1988 until December 31, 1988, the year in which the assessment will be levied. For subsequent installments, interest shall be added for one year on the total of all Iliunpaid installments. No interest will be charged as to any parcel if the entire ssessment is paid at the Office of the Treasurer within 30 days from the date of doption of the assessment resolution. 4. The number of years over which installments are to be extended is as follows: IMPROVEMENT NO. 87-34 TYPE OF IMPROVEMENT Concrete Alley Paving LOCATION The East/West Segment in the 3000 Block between Joppa Ave. and Lynn Avenue. which shall be extended over a period of 20 years. 5. The clerk shall transmit a certified copy of this assessment to the county auditor to be extended on the proper tax lists of the county, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the City Council Febru y 16, 1988 iee 4:0 /4"1/3 AttesQl: City Cle :ewed for MITT C6.d/ Manager May Approv••;:00:'s04d execution: 1 411111 City At