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HomeMy WebLinkAbout12-064 - ADMIN Resolution - City Council - 2012/05/07RESOLUTION NO. 12-064 A RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-166 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT CONSTRUCTION OF A RELIGIOUS INSTITUTION IN A RESIDENTIAL DISTRICT FOR PROPERTY ZONED R-4 MULTI -FAMILY RESIDENTIAL DISTRICT LOCATED AT 2950 JOPPA AVENUE SOUTH BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. Congregation Darchei Noam has made application to the City Council for a Conditional Use Permit under Section 36-166 of the St. Louis Park Ordinance Code for the purpose of construction of a religious institution in a residential district within the R-4 Multi -Family Residential District located at 2950 Joppa Avenue South for the legal description as follows, to - wit: The South 319.25 feet of the East 66 feet of the South Half (S 'h) of the Southwest Quarter (SW '/) of the Southeast Quarter (SE '/) of Section Thirty-one (31), Township Twenty-nine (29), North Range Twenty-four (24); also Lot 1, Block 1, McCarty's 1st Addition to Fern Hill, St. Louis Park, Minnesota, including all of the vacated alley in said Addition adjacent to said Lot 1, Hennepin County, Minnesota. 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 12 -11 -CUP) and the effect of the proposed religious institution 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 religious institution will not be detrimental to the health, safety, or general welfare of the community nor will it cause senous traffic congestion nor hazards, nor will it seriously depreciate surrounding property values, and the proposed religious institution 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 -11 -CUP are hereby entered into and made part of the public hearing record and the record of decision for this case. Conclusion The Conditional Use Permit to permit a religious institution at the location descnbed 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. 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. Resolution No. 12-064 -2- 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. Plans shall be reviewed by the City Engineer and Zoning Administrator to ensure that all proposed utilities, public access points and construction documents conform to the requirements of the City Code of Ordinances and City policies. b. 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. c. 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. No outside storage is permitted. Incidental outside storage shall be removed within 48 hours. Resolution No. 12-064 -3- 7. 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. 8. The developer shall pay an administrative fine of $750.00 per violation of any condition of this approval. 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. 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. Approval of a Building Permit is required, which may impose additional requirements. The City Clerk is instructed to record certified copies of this resolution in the Office of the ' Henne •. ' . s unty Register of Deeds or Registrar of Titles as the case may be. Reviewefor Ad inistration: by the CCouncil May 7, 2012 City Man Attest: City Clerk )01-P,, RESOLUTION NO. 12-064 A RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-166 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT CONSTRUCTION OF A RELIGIOUS INSTITUTION IN A RESIDENTIAL DISTRICT FOR PROPERTY ZONED R-4 MULTI -FAMILY RESIDENTIAL DISTRICT LOCATED AT 2950 JOPPA AVENUE SOUTH BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. Congregation Darchei Noam has made application to the City Council for a Conditional Use Permit under Section 36-166 of the St Louis Park Ordinance Code for the purpose of construction of a religious institution in a residential district within the R-4 Multi -Family Residential District located at 2950 Joppa Avenue South for the legal description as follows, to - wit: The South 319.25 feet of the East 66 feet of the South Half (S %Z) of the Southwest Quarter (SW ') of the Southeast Quarter (SE '/) of Section Thirty-one (31), Township Twenty-nine (29), North Range Twenty-four (24); also Lot 1, Block 1, McCarty's 1 s Addition to Fern Hill, St Louis Park, Minnesota, including all of the vacated alley in said Addition adjacent to said Lot 1, Hennepin County, Minnesota. 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 12 -11 -CUP) and the effect of the proposed religious institution 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 religious institution will not be detnmental 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 religious institution 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 -11 -CUP are hereby entered into and made part of the public hearing record and the record of decision for this case. Conclusion The Conditional Use Permit to permit a religious institution 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. 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. Resolution No. 12-064 -2- 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. Pnor to the issuance of a building permit, the following conditions shall be met: a. Plans shall be reviewed by the City Engineer and Zoning Admimstrator to ensure that all proposed utilities, public access points and construction documents conform to the requirements of the City Code of Ordinances and City policies. b. 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. c. 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 dunng 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. No outside storage is permitted. Incidental outside storage shall be removed within 48 hours. • • e Resolution No. 12-064 -3- 7. 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. 8. The developer shall pay an administrative fine of $750.00 per violation of any condition of this approval. 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. Assent form and official exhibits must be signed by applicant (or applicant and owner if applicant is different from owner) pnor to issuance of a building permit. Approval of a Building Permit is required, which may impose additional requirements. The City Clerk is instructed to record certified copies of this resolution in the Office of the Henne unty Register of Deeds or Registrar of Titles as the case may be. Reviewe i for d inistration: by the C y Council May 7, 2012 City Man Attest: a.ki, /0---0)(>, City Clerk 111111111111 1111 Doc No A9792214 Certified, filed and/or recorded on 5/22/12 4 30 PM Office of the County Recorder Hennepin County, Minnesota Rachel Smith, Acting County Recorder Mark V Chapin, County Auditor and Treasurer Deputy 52 Pkg ID 807407M Doc Name: Conditional Use Permit Res. Iio.-/Y a(, ' Document Recording Fee $46 00 Document Total $46 00 This cover sheet is now a permanent part of the recorded document ITY O • SCT Louis PARK • e 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. 12-064 adopted May 7, 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. //c Nancy Stroth City Clerk Date: May 15, 2012