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HomeMy WebLinkAbout14-064 - ADMIN Resolution - City Council - 2014/05/05RESOLUTION NO. 14-064 RESOLUTION GRANTING A CONDITIONAL USE PERMIT UNDER SECTION 36-164 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT AN EDUCATIONAL (ACADEMIC) FACILITY WITH MORE THAN 20 STUDENTS FOR PROPERTY ZONED R-2 SINGLE FAMILY RESIDENCE DISTRICT LOCATED AT 8500 WEST 31sT STREET BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. Independent School District #283 has made application to the City Council for a Conditional Use Permit under Section 36-164 of the St. Louis Park Ordinance Code for the purpose of permitting an Educational Facility within a R-2 Single Family Residence District located at 8500 West 31st Street for the legal description as follows, to -wit: AS LEGALLY DESCRIBED IN EXHIBIT A 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 14 -07 -CUP) and the effect of the Educational 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 that the Educational Facility 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 Educational Facility is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. 4. The contents of Planning Case File 14 -07 -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 allow an addition to the Educational (academic) facility with more than 20 students 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 conformance with the Official Exhibits. 2. All necessary permits must be obtained, including from the Minnehaha Creek Watershed District. 3. Prior to issuing the building permit, the following conditions shall be met: a. 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. b. 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: Resolution No. 14-064 -2- a. All City noise ordinances shall be complied with, including that there be no construction activity between the hours of 10:00 PM and 7:00 AM, Monday through Friday, and 10:00 PM and 9:00 AM, Saturday, Sunday and Holidays. b. The site shall be kept free of dust and debris that could blow onto neighbonng properties. c. Public streets shall be maintained free of dirt and shall be cleaned as necessary. d. 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. City Clerk is instructed to record certified copies of this resolution in the Office of the He epin County Register of Deeds or Registrar of Titles as the case may be. Rev e • for Administration: Cit . : ger Attest: Adopted�by)he City Council May 5, 2014 Mayor Resolution No. 14-064 -3- EXHIBIT A DESCRIPTION OF PROPERTY SURVEYED (Per Warranty Deed Doc. No. 2898196) That part of the Northwest Quarter (NW 1/4) of the Northeast Quarter (NE 1/4) 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 1/4) of the Northeast Quarter (NE 1/4) of said Section; thence Southerly along the East line of said Northwest Quarter (NW1/4)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 1/4) 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 right of way to the North line of said Section Eighteen (18); thence Easterly along said North section line to the point of beginning; except highways now located thereon, but including all adjoining highways, streets, easements, and rights of way vacated or to be vacated and which would otherwise revert to the grantor. ALL EXCEPT the following two parcels: (1) (Per Quit Claim Deed Doc. No. 3060109) That part of the Northwest Quarter of the Northeast Quarter (NW 1/4 of NE 1/4) of Section Eighteen (18), Township One Hundred Seventeen (117), Range Twenty-one (21), Hennepin County, Minnesota, descnbed as follows: Commencing at the Northeast comer of the Northwest Quarter of the Northeast Quarter (NW 1/4 of NE 1/4) of Section Eighteen (18), Township One Hundred Seventeen (117), Range Twenty-one (21); thence Southerly along the East line of said Northwest Quarter (NW 1/4) a distance of 888 feet; thence Westerly parallel to the North line of said Northwest Quarter (NW 1/4) to a point 150 feet Easterly of the Easterly right-of-way line 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 (NW 1/4 of NE 1/4) of said 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. (2) (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 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. Subject to easements and other matters of record. r r RECEIVED JUL 3 2014 OFFICE OF THE CITY CLERK IIIU II 010 110 111111111111111111111111111111111 Doc No A10080951 Certified, filed and/or recorded on May 21, 2014 10 00 AM Office of the County Recorder Hennepin County, Minnesota Martin McMormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 52 Pkg ID 1112666M Doc Name: Resolution 1 1- 6(pgt Document Recording Fee $46 00 Document Total $46 00 o This cover sheet is now a permanent part of the recorded document Gjp\ CITY OF IP' ST. LOUIS PARK • • 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. 14-064 adopted May 5, 2014 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 City Clerk Date: May 13, 2014 RESOLUTION NO. 14-064 RESOLUTION GRANTING A CONDITIONAL USE PERMIT UNDER SECTION 36-164 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT AN EDUCATIONAL (ACADEMIC) FACILITY WITH MORE THAN 20 STUDENTS FOR PROPERTY ZONED R-2 SINGLE FAMILY RESIDENCE DISTRICT LOCATED AT 8500 WEST 31ST STREET BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. Independent School District #283 has made application to the City Council for a Conditional Use Permit under Section 36-164 of the St. Louis Park Ordinance Code for the purpose of permitting an Educational Facility within a R-2 Single Family Residence Distnct located at 8500 West 31st Street for the legal description as follows, to -wit: AS LEGALLY DESCRIBED IN EXHIBIT A 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 14 -07 -CUP) and the effect of the Educational 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 that the Educational 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 Educational Facility is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. , 4. The contents of Planning Case File 14 -07 -CUP are hereby entered into and made part of the public hearing record and the record of decision for this case. Coiiclusion The Conditional Use Permit to allow an addition to the Educational (academic) facility with more than 20 students 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 conformance with the Official Exhibits. 2. All necessary permits must be obtained, including from the Minnehaha Creek Watershed Distnct. 3. Prior to issuing the building permit, the following conditions shall be met: a. 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. b. 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: • • • Resolution No. 14-064 -2- a. All City noise ordinances shall be complied with, including that there be no construction activity between the hours of 10:00 PM and 7:00 AM, Monday through Friday, and 10:00 PM and 9:00 AM, Saturday, Sunday 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 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. 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 May 5, 2014 City Manager Mayor Attest: City Clerk • • • Resolution No. 14-064 -3- EXHIBIT A DESCRIPTION OF PROPERTY SURVEYED (Per Warranty Deed Doc. No. 2898196) That part of the Northwest Quarter (NW 1/4) of the Northeast Quarter (NE 1/4) 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 1/4) of the Northeast Quarter (NE 1/4) of said Section; thence Southerly along the East line of said Northwest Quarter (NW1/4)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 1/4) 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 nght of way to the North line of said Section Eighteen (18); thence Easterly along said North section line to the point of beginning; except highways now located thereon, but including all adjoining highways, streets, easements, and rights of way vacated or to be vacated and which would otherwise revert to the grantor. ALL EXCEPT the following two parcels: (1) (Per Quit Claim Deed Doc. No. 3060109) That part of the Northwest Quarter of the Northeast Quarter (NW 1/4 of NE 1/4) 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 1/4 of NE 1/4) of Section Eighteen (18), Township One Hundred Seventeen (117), Range Twenty-one (21); thence Southerly along the East line of said Northwest Quarter (NW 1/4) a distance of 888 feet; thence Westerly parallel to the North line of said Northwest Quarter (NW 1/4) to a point 150 feet Easterly of the Easterly right-of-way line of the Great Northern Railway Company as now existing, which is the point of beginning of the land to be descnbed; thence Southwesterly in a straight line to its intersection with the Easterly line of said nght-of- way, said point of intersection being One Hundred Twenty (120) feet Southwesterly measured along said nght-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 (NW 1/4 of NE 1/4) of said 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. (2) (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 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 nght-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. Subject to easements and other matters of record.