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Home My WebLink About18-175 - ADMIN Resolution - City Council - 2018/11/05 (2)111 1 1 1 1 111 1 1 11 1 I Ill I II y c» #5 sr RECEIVED MAR 1 3 2019 CITY CLERK'S OFFIC E esoltoa o, 1$85 -11 6 Doc No A10615808 Certified, filed and/or recorded on Nov 29, 2018 12:48 PM Offi ce of the County Recorder Hennepin County, Minnesota Martin M cCormick, County Recorder M ark Chapin, County Auditor and Treasurer Deputy 87 Pkg ID 1764757E Docum ent Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. ff/ St. Louis Park Jll ·wsor» Administration Office 5005 Minnetonka Blvd. St. Louis Park, MN 55416 952.928.2840 STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF ST. LOUIS PARK ) ) ss ) "CITY COUNCIL RESOLUTION" The undersigned hereby certifies the following: 1) The attached is a full, true and correct copy of the original Resolution No. 18-175 adopted November 5, 2018, 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. Date: November 21, 2018 R e s o lu tio n N o . 1 8 -1 7 5 R e so lu tio n a p p ro v in g a co n d itio n a l u se p e rm it a n d v a r ia n c e fo r 2 0 2 5 T e x a s A v e n u e S o u th Whereas, Thomas Bravo of St. Louis Park School District applied for a conditional use permit and variance for the purpose of building and site improvements at St. Louis Park Middle School; the property is legally described as follows, to-wit: Blocks 1 through 5, inclusive, together with vacated streets accruing thereto, WESTW OOD HILLS SECOND ADDITION, according to the recorded plat thereof, and the south 299.00 feet of Lots 4 and 5, BEEBE'S OUTLOTS, according to the recorded plat thereof, except the west 240.00 feet of said Lot 5 which lies north of the south 274.00 feet of said Lot 5 thereof, all in Hennepin County, Minnesota. Whereas, the property is guided civic in the comprehensive plan future land use map. _Whereas, the property is located in the R-1 Single Family Residence zoning district. Whereas, the applicant requests a conditional use permit to allow an educational facility in the R-1 zoning district. Whereas, the applicant requests a variance from the requirements of Zoning Ordinance Section 36-164(f)(1) to allow an increase of 11 feet to the maximum allowed building height from 30 feet to 41 feet. Findings Whereas, the city council has determined that the applications meet the conditions for an educational facility in the R-1 zoning district, including: 1. The buildings are located at least 50 feet from a lot in an R district. 2. The plan provides an off-street passenger loading area in order to maintain vehicular and pedestrian safety. 3. Outdoor recreational and play areas will be located at least 25 feet from any lot in an R district. 4. The property has its primary accesses to a roadway identified in the comprehensive plan as a collector or arterial and provides access without generating significant traffic on local residential streets. Whereas, the property is guided civic in the comprehensive plan, which allows educational institutions. Whereas, the use of the property as an educational institution is consistent with and supportive of the principles, goals, objectives, land use designations, redevelopment plans, neighborhood objectives, and implementation strategies of the comprehensive plan. Whereas, the use is not detrimental to the health, safety and general welfare of the community as a whole. It will not have undue adverse impacts on the use and enjoyment of Resolution No. 18-175 2 properties, existing and anticipated traffic conditions, parking facilities on adjacent streets, and values of properties in close proximity to the use. Whereas, the use is consistent with the regulations, intent and purpose of the city code and the zoning district in which the use is located. The proposed plan will meet the conditions required for an educational facility. Whereas, the use will not have undue adverse impacts on existing or proposed governmental facilities, services or improvements. Whereas, the site design of the proposal is consistent with site and landscaping plan requirements and is prepared by or under the direction of a professional landscape architect or civil engineer registered in the state and adopted as part of the conditions imposed on the use by the city. Whereas, the use and site design are consistent with the city's stormwater, sanitary sewer, and water plans. On-site stormwater management improvements will be made as part of the site improvements. The existing utilities have capacity for the use. Whereas, the variance will have no negative impact upon the. health, safety and welfare of the community. The building is set a minimum of 56 feet from all property lines, so the impact of the increased building height will be minimal. Allowing natural light into the media room will also improve conditions for occupants. I : Whereas, the variance is in harmony with the general purposes and intent of the ordinance. The intent of this provision is to minimize impacts on neighboring properties from the building. The building is set a minimum of 56 feet from all property lines, and the portions of the building that would exceed the allowed maximum height make up a small percent of the overall building mass, so the impact of the increased building height will be minimal. Whereas, the variance is consistent with the comprehensive plan. Chapter 8-3 of the St. Louis Park 2040 Comprehensive Plan explains the city's goals for schools and youth: "connecting and engaging with St. Louis Park School district and other community organizations to meet the needs of current and future community;" and "continuing to support youth and future generations." This variance allows the school to meet current and future programming needs at the middle school. The height variance also allows for natural light into the interior media room space which helps reduce electricity use for lighting, and improve conditions for the occupants, both of which contribute to the community's environmental stewardship efforts. The performing arts space and school generally also afford a gathering space for the arts and learning which contribute to the community's commitment to creating opportunities to build social capital through community engagement. Whereas, there are practical difficulties in corn plying with the zoning ordinance. The portions of the building that would exceed the allowed maximum height make up a small percent of the overall building mass and therefore would not alter the essential character of the site nor the locality. Resolution No. 18-175 3 Whereas, the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant. The variance is necessary to improve the functionality of the school. The new performing arts center will be a community asset for students and neighbors. Whereas, the variance will not impair an adequate supply of light and air to the adjacent property, unreasonably increase the congestion in the public streets, increase the danger of fire, or endanger public safety. Whereas, the variance will not merely serve as a convenience to the applicant but is necessary to alleviate a practical difficulty. The variance alleviates the practical difficulty in constructing a performing arts space on the site and providing natural light to the media center. Whereas, the contents of Case Nos. 18-40-CUP and 18-41-VAR are hereby entered into and made part of the record of decision for this case. Conclusion Now therefore be it resolved that the conditional use permit and variance are hereby approved and accepted by the city council as being in accord and conformity with all ordinances, city plans and regulations of the City of St. Louis Park, provided, however, that this approval is made subject to the opinions of the City Attorney and Certification by the City Clerk and subject to the following conditions: t.._ . i r' 1. The site shall be developed, used and maintained in conformance with the official exhibits. The official exhibits include: a. Exhibit A: G00l General Information b. Exhibit B: A001 Survey c. Exhibit C: A002 Survey d. Exhibit D: A003 Level 1 Reference Plan e. Exhibit E: A004 Level 2 Reference Plan f. Exhibit F: ADOS Overall Exterior Elevations g. Exhibit G: A006 Enlarged Exterior Elevations h. Exhibit H: A007 Enlarged Exterior Elevations i. Exhibit I: Cl.11 Site Removals Plan j. Exhibit J: C1.21 Site Layout Plan k. Exhibit K: C1.41 Grading Plan I. Exhibit L: Cl.51 Site Utility Plan 'm. Exhibit M: C1.61 SWPPP n. Exhibit N: LO0l Tree Removal and Protection Plan o. Exhibit 0: L101 Overall Site Layout Plan p. Exhibit P: L300 Overall Planting Plan q. Exhibit Q: El00 Electrical Site Plan r. Exhibit Q: E901 Electrical Site Lighting Calculations Plan 2. All required permits shall be obtained prior to starting construction, including but not limited to: a. NPDES grading/construction permit b. City of St. Louis Park building, erosion control, right-of-way, and sign permits. c. Minnehaha Creek Watershed District stormwater management permit. Resolution No. 18-175 4 3. The city assent form and the official exhibits shall be signed by property owner prior to issuance of a building permit. 4. In addition to other remedies, the developer or owner shall pay an administrative penalty of $750 per violation of any condition of this approval. The City Clerk is instructed to record certified copies of this resolution in the Office of the nepin County Register of Deeds or Register of Titles as the case may be. Adopted by the City Council November 5, 2018 ,City Manager Attest: