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Home My WebLink About12-050 - ADMIN Resolution - City Council - 2012/03/19RESOLUTION NO. 12-050 A RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-164(d)(4) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT AN EXPANSION OF THE EDUCATIONAL FACILITY (HOLY FAMILY ACADEMY) FOR PROPERTY ZONED R-2 SINGLE FAMILY RESIDENTIAL DISTRICT LOCATED AT 5925 LAKE STREET WEST BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. Holy Family Academy has made application to the City Council for a Conditional Use Permit under Section 36-164(d)(4) of the St. Louis Park Ordinance Code for the purpose of expanding an existing educational use (Holy Family Academy) within a R-2 Single Family Residential District located at 5925 Lake Street West for the legal description as follows, to -wit: Lots 1, 2, and 16, Block 2, WESTLAKE PARK. AND That part of Government Lots 3 and 4, Section 16, Township 117, Range 21 West of the 5th Principal Meridian, described as: Commencing 445.632 feet North of the Southwest corner of Lot 3; thence East 1564.2 feet; thence North 452.05 feet to the actual point of beginning of the land to be hereinafter described; thence West parallel with the South line of said Lot 3 to the center line of Lake Street as now laid out and traveled; thence Northeasterly along the center line of said Lake Street to a point 1564.2 feet East of the West line of Lot 3 in Said Section 16; thence South 331 feet to the point of beginning. AND Lot 3, Block 2 ,WESTLAKE PARK. AND Lot 13, Block 2, WESTLAKE PARK. AND Lot 14, Block 2, WESTLAKE PARK. AND Lot 15, Block 2, WEST LAKE PARK. 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 12 -08 -CUP) and the effect of the proposed educational facility expansion 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 that the educational facility expansion 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 educational facility expansion is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. 4. The contents of Planning Case File 12 -08 -CUP are hereby entered into and made part of the public hearing record and the record of decision for this case. Resolution No. 12-050 -2- Conclusion The Conditional Use Permit to permit to expand the Holy Family educational facility at the location described 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 Exhibits incorporated by reference herein. 2. Fire lanes shall be maintained as required by the Fire Marshall. 3. Prior to starting any site work, the following conditions shall be met: a. Assent form and official exhibits must be signed by the applicant and owner. b. All necessary permits must be obtained. 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 7:00 PM and 7:00 AM, Monday through Friday, and 7:00 PM and 9:00 AM, Saturday, Sunday and Holidays. 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 neighboring properties. d. All trucks entering and exiting the site shall follow the approved truck route, which is attached as an exhibit. e. Public streets shall be maintained free of dirt and shall be cleaned as necessary. f. A qualified and licensed traffic director shall be used to direct traffic if hauling occurs during school hours. g. The homes shall be secured at all times during the demolition process. Additional security shall be utilized to keep people off the property and prevent vandalism. h. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of excavation on surrounding properties. 5. The balance of the trees required for landscaping and tree replacement, but not planted with this approval shall be planted with the school expansion. A financial guarantee shall be submitted for 125% of the cost of planting all required trees and shrubs. The guarantee shall not be released until trees and shrubs are planted. 6. Screening consisting of a six foot tall fence and landscaping shall be installed along the south property line. The fence will be reduced to 3.5 feet in height where it is adjacent to a neighbor's front yard. It shall also terminate at least five feet prior to the right-of-way. 7. All new utilities shall be buried. 8. The turf area shall be irrigated. 9. A swale shall be installed along the south property line to divert water toward Alabama Avenue. 10. 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. 11. 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. 12. Assent form and official exhibits must be signed by applicant (or applicant and owner if applicant is different from owner) prior to issuance of a building permit. 13. Approval of a Building Permit, which may impose additional requirements. The City Clerk is instructed to record certified copies of this resolution in the Office of the Hennepin Co Rea ter of Deeds or Registrar of Titles as the case may be. Reviewed for Ad inistr.i in: wi► City Manager Attest: Adop - . y the City Council March 19, 2012 Mayo • • e JCITY OF ST. LOUIS PARK Administration Office 5005 Minnetonka Boulevard St. Louis Park MN 55416 (952) 928-2840 STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF ST. LOUIS PARK ) ss The undersigned hereby certifies the following: "CITY COUNCIL RESOLUTION" 1) The attached is a full, true and correct copy of the original Resolution No. 12-050 adopted March 19, 2012, 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. Nancy Stroth a City Clerk Date: April 9, 2012 RESOLUTION NO. 12-050 A RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-164(d)(4) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT AN EXPANSION OF THE EDUCATIONAL FACILITY (HOLY FAMILY ACADEMY) FOR PROPERTY ZONED R-2 SINGLE FAMILY RESIDENTIAL DISTRICT LOCATED AT 5925 LAKE STREET WEST BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. Holy Family Academy has made application to the City Council for a Conditional Use Permit under Section 36-164(d)(4) of the St. Louis Park Ordinance Code for the purpose of expanding an existing educational use (Holy Family Academy) within a R-2 Single Family Residential District located at 5925 Lake Street West for the legal description as follows, to -wit: Lots 1, 2, and 16, Block 2, WESTLAKE PARK. AND That part of Government Lots 3 and 4, Section 16, Township 117, Range 21 West of the 5th Principal Meridian, descnbed as: Commencing 445.632 feet North of the Southwest corner of Lot 3;_ thence East 1564.2 feet; thence North 452.05 feet to the actual point of beginning of the land to be hereinafter described; thence West parallel with the South line of said Lot 3 to the center line of Lake Street as now laid out and traveled; thence Northeasterly along the center line of said Lake Street to a point 1564.2 feet East of the West line of Lot 3 in Said Section 16; thence South 331 feet to the point of beginning. AND Lot 3, Block 2 ,WESTLAKE PARK. AND Lot 13, Block 2, WESTLAKE PARK. AND Lot 14, Block 2, WESTLAKE PARK. AND Lot 15, Block 2, WEST LAKE PARK. 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 12 -08 -CUP) and the effect of the proposed educational facility expansion 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 that the educational facility expansion 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 educational facility expansion is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. 4. The contents of Planning Case File 12 -08 -CUP are hereby entered into and made part of the public hearing record and the record of decision for this case. Resolution No. 12-050 -2- Conclusion • The Conditional Use Permit to permit to expand the Holy Family educational facility at the location described is granted based on the findings set forth above and subject to the following conditions: 0 1. The site shall be developed, used and maintained in accordance with Exhibits incorporated by reference herein. 2. Fire lanes shall be maintained as required by the Fire Marshall. 3. Prior to starting any site work, the following conditions shall be met: a. Assent form and official exhibits must be signed by the applicant and owner. b. All necessary permits must be obtained. 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 7:00 PM and 7:00 AM, Monday through Fnday, and 7:00 PM and 9:00 AM, Saturday, Sunday and Holidays. 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 neighboring properties. d. All trucks entering and exiting the site shall follow the approved truck route, which is attached as an exhibit. e. Public streets shall be maintained free of dirt and shall be cleaned as necessary. f. A qualified and licensed traffic director shall be used to direct traffic if hauling occurs during school hours. g. The homes shall be secured at all times during the demolition process. Additional secunty shall be utilized to keep people off the property and prevent vandalism. h. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of excavation on surrounding properties. 5. The balance of the trees required for landscaping and tree replacement, but not planted with this approval shall be planted with the school expansion. A financial guarantee shall be submitted for 125% of the cost of planting all required trees and shrubs. The guarantee shall not be released until trees and shrubs are planted. 6. Screening consisting of a six foot tall fence and landscaping shall be installed along the south property line. The fence will be reduced to 3.5 feet in height where it is adjacent to a neighbor's front yard. It shall also terminate at least five feet prior to the right-of-way. 7. All new utilities shall be buried. 8. The turf area shall be irrigated. 9. A swale shall be installed along the south property line to divert water toward Alabama Avenue. 10. 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. 11. 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. 12. Assent form and official exhibits must be signed by applicant (or applicant and owner if applicant is different from owner) prior to issuance of a building permit. 13. Approval of a Building Permit, which may impose additional requirements. The City Clerk is instructed to record certified copies of this resolution in the Office of the Hennepin Co Rea ter of Deeds or Registrar of Titles as the case may be. Reviewed for Ad ministr.. r luPP City Manager Attest: City Clerk Adopt- s y the City Council March 19, 2012 Mayo 111111111111111 1111111111 Doc No T4947638 Certified, filed and/or recorded on 4/19/12 10 04 AM Office of the Registrar of Titles Hennepin County, Minnesota Rachel Smith, Acting Registrar of Titles Mark V Chapin, County Auditor and Treasurer Deputy 55 Doc Name: Resolution la —p 50 Document Recording Fee Multiple Certificates Affected Fee Pkg ID 795896M $46 00 $80 00 Document Total $126 00 Existing Certs 1125544 1192105 1214390 1223157 175708 This cover sheet is now a permanent part of the recorded document New Certs • �CITYOF s PST Lo/Fs Administration Office 5005 Minnetonka Boulevard St. Louis Park MN 55416 (952) 928-2840 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss CITY OF ST. LOUIS PARK ) The undersigned hereby certifies the following: "CITY COUNCIL RESOLUTION" 1) The attached is a full, true and correct copy of the original Resolution No. 12-049 adopted March 19, 2012, 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. -Yl �G Nancy Strot City Clerk Date: April 9, 2012