Loading...
HomeMy WebLinkAbout20-015 - ADMIN Resolution - City Council - 2020/01/21Resolution No. 20-015 Amends and restates Resolution No. 12-050 Resolution amending and restating Resolution No. 12-050 adopted on March 19, 2012 under section 36-164(d)(4) of the St. Louis Park ordinance code relating to zoning to approve a building expansion at Holy Family Academy located at 5925 West Lake Street Be it resolved by the City Council of the City of St. Louis Park: Findings Whereas, Holy Family Academy has made application to the City Council for a Conditional Use Permit Amendment 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. Whereas, the proposed plat is situated upon lands in Hennepin County, Minnesota, legally described in “Exhibit A” attached hereto. Whereas, the City Council has considered the advice and recommendation of the Planning Commission (Case no. 19-34-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. Whereas, 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. Whereas, the Council passed Resolution No. 12-050 approving a conditional use permit regarding the subject property on March 19, 2012, which contained conditions applicable to said property. Whereas, due to proposed additions to the building, amendments to those conditions are now necessary, requiring the further amendment of the conditional use permit granted under Resolution No. 12-050. Whereas, it is the intent of this resolution to restate the conditions of the permit granted by Resolution No. 12-050, to add the amendments now required, and to consolidate all conditions applicable to the subject property in this resolution. Whereas, the contents of Planning Case File 19-34-CUP are hereby entered into and made part of the public hearing record and the record of decision for this case. DocuSign Envelope ID: 3CABE54D-2E74-41F5-9FA4-3E405441D778 Resolution No. 20-015 2 Conclusion Now therefore be it resolved that Resolution 12-050 is hereby restated and amended by this resolution which continues and amends the conditional use permit to expand the Holy Family educational facility at the location described 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. A preconstruction meeting shall be held with the appropriate development, construction, private utility, and city representatives. c. All necessary permits must be obtained. 4. Prior to issuance of building permits, the following conditions shall be met: a. The developer shall sign the City's Assent Form and the Official Exhibits. b. Final construction plans for all public improvements and private stormwater system shall be signed by a registered engineer and approved by the City Engineer. c. Submit the Met Council SAC determination letter to the Building and Energy Department. d. A performance guarantee in the form of cash escrow or irrevocable letter of credit shall be provided to the City of St. Louis Park in the amount of 125% of the cost for all public improvements and private site landscaping. e. Proof of recording the final plat shall be submitted to the City. 5. 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. DocuSign Envelope ID: 3CABE54D-2E74-41F5-9FA4-3E405441D778 Resolution No. 20-015 3 h. The developer shall install and maintain chain link security fencing that is at least six feet tall along the perimeter of the site. All gates and access points shall be locked during non-working hours. i. Temporary electric power connections shall not adversely impact surrounding neighborhood service. j. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of excavation on surrounding properties. 6. 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. 7. Screening consisting of a six foot tall fence and landscaping shall be installed along the south property line. The fence will b e 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. 8. All new utilities shall be buried. 9. The turf area shall be irrigated. 10. A swale shall be installed along the south property line to divert water toward Alabama Avenue. 11. 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. 12. 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. 13. Assent form and official exhibits must be signed by applicant (or applicant and owner if applicant is different from owner) prior to issuan ce of a building permit. 14. Approval of a Building Permit, which may impose additional requirements. 15. A sign permit shall be submitted for city approval if new signs are proposed on the site. 16. Prior to starting any land disturbing activities, the following conditions shall be met: a. A preconstruction meeting shall be held with the appropriate development, construction, private utility, and city representatives. 17. Prior to the issuance of any permanent certificate of occupancy the public improvements, private utilities, site landscaping and irrigation, and storm water management system shall be installed in accordance with the Official Exhibits. 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. DocuSign Envelope ID: 3CABE54D-2E74-41F5-9FA4-3E405441D778 Resolution No. 20-015 4 Reviewed for administration: Adopted by the City Council Jan. 21, 2020. Thomas K. Harmening, city manager Jake Spano, mayor Attest: Melissa Kennedy, city clerk DocuSign Envelope ID: 3CABE54D-2E74-41F5-9FA4-3E405441D778 Resolution No. 20-015 5 Exhibit “A” legal descriptions Lots 1, 2, 3, 13, 14, 15 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. TO BE PLATTED AS Lot 1, Block 1, Holy Family Addition DocuSign Envelope ID: 3CABE54D-2E74-41F5-9FA4-3E405441D778