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HomeMy WebLinkAbout18-142 - ADMIN Resolution - City Council - 2018/09/17Resolution No. 18-142 Resolution approving a conditional use permit for operation of a religious institution located at 2544 Highway 100 Whereas, Mark Snyder, Construction Results Corp, representing Wat Promwachirayan (Wat Prom), applied for a conditional use permit (Case No. 18 -32 -CUP) to operate a religious institution and make site improvements at 2544 Highway 100; the property is legal described as follows, to -wit: Par 1: That part of the South 336.2 feet, as measured along the West line thereof, of the Northwest Quarter of Section 31, Township 29, Range 24, lying Westerly of a line parallel to and 100 feet Westerly from the following described line: Beginning at a point on the North line of said Northwest Quarter, distant 1316.42 feet West from the Northeast corner thereof; thence Southwesterly at an angle of 78 degrees 57 minutes 13 seconds with said North line a distance of 801.9 feet; thence deflecting to the right on a 1 degree curve, delta angle 9 degrees 4 minutes, a distance of 906.7 feet; thence on a tangent to said curve a distance of 527.4 feet; thence deflecting to the left on a 1 degree 30 minute curve, radius 3819.83 feet, a distance of 700 feet and there terminating. Par 2: That part of the North Half of the vacated 26th St. dedicated in the plat of "American Security Investment Co's Oak Terrace" lying between the Northerly extensions across it of the East and West lines of Lot 14, Block 2, in said plat. Findings Whereas, the property is located in the R-1 Single Family Residence Zoning District, and religious institutions are allowed in this district by conditional use permit. Whereas, the property is guided "Civic" in the comprehensive plan, which allows religious institutions. Whereas, the property has been used continuously as a religious institution since 1968, and Wat Prom will continue to use it as such. Whereas, the use of this property as a religious institution is consistent with and supportive of 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, morals and general welfare of the community as a whole. It will not have undue adverse impacts on the use and enjoyment of properties, existing and anticipated traffic conditions, parking facilities on adjacent streets, and values of properties in close proximity to the conditional use. Whereas, the use is consistent with the regulations, intent and purpose of city code and the zoning district in which the conditional use is located. The proposed plan with conditions of approval, will meet the conditions required for a religious institution facility and the proposed building, parking lot and site improvements. Resolution No. 18-142 2 Whereas, the use will not have undue adverse impacts on governmental facilities, services or improvements which are either existing or proposed. Whereas, the site design forthe place of worship is consistent with the design and other requirements of site and landscape plans adopted as part of the conditions imposed on the use by the city council. 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 city council has determined that the conditional use permit application meets the requirements for a religious institution in the R-1 district, including: 1. All buildings shall be located at least 30 feet from any lot line of a lot in an R district. 2. An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. 3. Outdoor recreational and play areas shall be located at least 25 feet from any lot in an R district. 4. Access shall be to a roadway identified in the comprehensive plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. Whereas, the contents of Case No. 18 -32 -CUP 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 is 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 opinion of the City Attorney and Certification by the city clerk and subject to the following conditions: 1. The site shall be developed, used and maintained in conformance with the official exhibits. The official exhibits include: a. Exhibit A: C4.1 - Paving & Geometric Plan b. Exhibit B: C2.0 - Grading and Erosion Control Plan c. Exhibit C: L101 and L102 - Landscape Plan d. Exhibit D: C3.0 - Utility Plan e. Exhibit E: Photometric Plan f. Exhibit F: C1.0 - Demolition Plan g. Exhibit G: A100 and A110 - Floor Plan 2. Concrete curbing and landscaped parking lot islands shall be installed as shown on the approved exhibit. 3. Landscaping shall be installed as shown on the approved exhibit. 4. The westerly 9 parking spaces shall be removed from the plan, the proposed retaining wall shall move easterly, and additional landscaping and screening shall be provided between the parking lot and Vernon Avenue South. Resolution No. 18-142 5. All utilities shall be buried. 6. The following must be completed prior to issuance of a city permit: a. A financial guarantee shall be submitted to ensure the completion of the landscaping, sidewalk, retaining wall and erosion control. b. Tree replacement fees in the amount of $103,180. The amount may be revised to correspond with additional trees planted on-site or revisions to the tree replacement calculation. The revision to the fee and landscaping plan may be approved administratively by the city. c. A letter of map amendment shall be approved by FEMA. d. Assent form and official exhibits must be signed by property owner. 7. 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 erosion control, right-of-way, and parking lot permits. c. Minnehaha Creek Watershed District stormwater management permit. 8. The applicant shall comply with the following conditions during construction: a. The site shall be kept free of dust and debris that could blow onto neighboring properties. b. Public streets shall be maintained free of dirt and shall be cleaned as necessary. c. The Zoning Administrator may impose additional reasonable conditions if it becomes necessary in order to mitigate the temporary impacts on surrounding properties during construction. d. All construction vehicles hauling equipment and materials to and from the site shall utilize Highway 100 and Utica Avenue South. Vernon Avenue South shall not be used. 9. In addition to other remedies, the developer or owner shall pay an administrative fee 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 Hfi—nn)vin County Register of Deeds or Register of Titles as the case may be. for administration: Thomas`< ArMiniiNg, Cit)Manager Attest: Adopted by the City Council September 17, 2018