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Home My WebLink About14-065 - ADMIN Resolution - City Council - 2014/05/05• • • RESOLUTION NO. 14-065 Amends and Restates Resolution No. 13-119 RESOLUTION AMENDING AND RESTATING RESOLUTION NO. 13- 119 ADOPTED ON AUGUST 19, 2013 AND GRANTING AN AMENDMENT TO THE EXISTING CONDITIONAL USE PERMIT UNDER SECTION 36-164 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO ALLOW EDUCATIONAL (ACADEMIC) FACILITIES WITH MORE THAN 20 STUDENTS AT 6500 WEST 26TH STREET FINDINGS WHEREAS, Independent School District #283 has made application to the City Council for an amendment to an existing conditional use permit under Section 36-164 of the St. Louis Park Ordinance Code to allow the addition of three classrooms and an expansion of the cafeteria at 6500 West 26th Street within a R-2 Single Family Residence District having the following legal description: (Per Warranty Deed Doc. No. 3643873) All that part of the East 427.4 feet of the Southeast One -Quarter of the Northeast One -Quarter (SE '/ of NE '4) of Section 8, Township 117, Range 21, lying Southerly of the Southerly right of way line of the Great Northern Railway, and Westerly of a line drawn parallel with and thirty-three (33) feet Westerly of the following described line: Beginning at the southeast corner of the Southeast One - Quarter of the Northeast One -Quarter (SE '/o of NE '/) of said Section 8; thence north along the East line of said Quarter -Quarter, 123.0 feet; thence on a tangential curve to the left with a radius of 337.03 feet, delta angle 47 degrees 00 minutes for a distance of 276.47 feet; thence on a line tangent to last described curve for a distance of 107.0 feet; thence on a tangential curve to the right with a radius of 343.08 feet, delta angle 32 degrees 30 minutes for a distance of 194.61 feet; thence on a line tangent to last described curve for a distance of 76.0 feet and there terminating. AND (Per Warranty Deed Doc. No. 5327796) All that part of the east 472.4 feet of the Southeast Quarter of the Northeast Quarter of Section 8, Township 117, Range 21, lying southerly of the southerly right of way line of the Great Northern Railway, except the east 427.4 feet of the Southeast Quarter of the Northeast Quarter of Section 8, Township 117, Range 21. WHEREAS, the City Council has considered the information related to Planning Case Nos. 13 -29 -CUP and 14 -06 -CUP and the effect of the proposed additions 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 and the effect of the use on the Comprehensive Plan; and compliance with the intent of the Zoning Ordinance; and Resolution No. 14-065 -2- WHEREAS, a conditional use permit was issued regarding the subject property pursuant to Resolution No. 13-119 of the St. Louis Park City Council dated August 19, 2013 which contained conditions applicable to said property; and WHEREAS, due to changed circumstances, amendments to those conditions are now necessary, requiring the amendment of that conditional use permit; and WHEREAS, it is the intent of this resolution to continue and restate the conditions of the permit granted by Resolution No. 13-119, to add the amendments now required, and to consolidate all conditions applicable to the subject property in this resolution; WHEREAS, the contents of Case No. 14 -06 -CUP are hereby entered into and made part of the public hearing record and the record of decision for this case. CONCLUSION NOW THEREFORE BE IT RESOLVED that Resolution No. 13-119 filed as Document No. A10025605 is hereby restated and amended by this resolution which continues and amends a conditional use permit to the subject property for the purposes of allowing an Educational Facility within the R-2 Single Family Residence District at the location described above based on the following conditions: 1. The site shall be developed, used and maintained in accordance with Exhibits incorporated by reference herein. 2. All necessary permits must be obtained, including from Minnehaha Watershed Distnct. 3. Pnor 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, restoration of the construction access road to its pre -construction state and the repair/cleaning of park property, public streets and utilities. b. Assent form and official exhibits must be signed by the applicant and owner. 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 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. Erosion control measures shall be used along all construction related areas. e. 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. All City Park Property shall be repaired to the same condition as it was pre -construction. 7. 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. 8. 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. 9. Approval of a Building Permit, which may impose additional requirements. • • • • • • Resolution No. 14-065 -3- The Conditional Use Permit shall be amended on May 5, 2014. The Conditional Use Permit shall incorporate all of the preceding conditions and add the following conditions: 0. Prior to issuing the Certificate of Occupancy, the following conditions shall be met: a. The construction access road and access apron shall be removed and all surfaces restored to their • re -construction condition. Revi Administration: •1411 Aopted by he Citf • uncil May 5, 2014 City Tr. •'_e Mayor Attest: