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HomeMy WebLinkAbout18-109 - ADMIN Resolution - City Council - 2018/07/16Resolution No. 18-109 Approval of a conditional use permit for a group daycare/nursery school located at 2220, 2211, and 2221 Florida Ave S Whereas, Veronique Liebmann, President of the French American School of Minneapolis, submitted an application for a conditional use permit to operate a group daycare/nursery school upon the following described lands in Hennepin County, Minnesota, to - wit: Lot 4, Block 1, Eliot View 4th Addition, and That part of Lot 8, Block 1, Eliot View 41h Addition, which lies easterly and southerly of the following described line: Commencing at the southwest corner of said Lot 8; thence South 89 degrees 51 minutes 03 seconds East assumed bearing along the southerly line of said Lot 8 a distance of 109.87 feet to the point of beginning of the line being described; thence North 00 degrees 08 minutes 57 seconds East a distance of 1.12 feet; thence South 89 degrees 51 minutes 03 seconds East parallel with the southerly line of said Lot 8 to the easterly line of said Lot 8 and said line there terminating, and Lot 7 except that part lying North of a line and its extensions 112.50 feet North of, measured at a right angle to and parallel with the South line of said Lot 7, and Lot 8 except that part thereof lying Easterly and Southerly of the following described line: Commencing at the Southwest corner of said Lot 8; thence South 89 degrees 51 minutes 03 seconds East assumed bearing along the Southerly line of said Lot 8 a distance of 109.87 feet to the point of beginning of the line being described; thence North 00 degrees 08 minutes 57 seconds East a distance of 1.12 feet; thence South 89 degrees 51 minutes 03 seconds East parallel with the Southerly line of said Lot 8 to the Easterly line of said Lot 8 and said line there terminating. Block 1, Eliot View 41h Addition. Whereas, the property is located in the IP Industrial Park zoning district, and group daycare/nursery schools are allowed in this district by conditional use permit. Whereas, the property is guided `Industrial" in the comprehensive plan, and the IP Industrial Park zoning district is consistent with the Industrial designation. Whereas, all proceedings required for the conditional use permit have been duly had thereunder. Findings Whereas, the use is consistent with and supportive of principles, goals, objectives, land use designations, redevelopment plans, neighborhood objectives, and implementation strategies of the comprehensive plan. Resolution No. 18-109 2 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 meets the conditions required for a group daycare/nursery school. Whereas, A minimum of 40 square feet of outside play space per pupil is provided and enclosed by a 42 inch minimum height fence. Whereas, An off-street drop-off and loading area is required in order to maintain vehicular and pedestrian safety. The drop-off area is located in the parking lot located on the east side of Florida Avenue South. Therefore, a permanent, non -revocable easement for parking, access and the play area is required to be recorded against all subject properties. 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 it. Whereas, the contents of Case No. 18 -15 -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, subject to the following conditions: 1. The following shall be completed prior to issuance of a permit: a. Assent form and official exhibits must be signed by the applicant. b. The applicant and contractor shall follow the same Construction Management Plan procedures and requirements for this work as is required for major additions to single-family homes under City Code 6-71. c. An irrevocable easement, in a form approved by the city attorney, shall be recorded against all properties identified in the conditional use permit. The easement shall guarantee access to, from and use of the play area, parking spaces and driveways. 2. The site shall be developed, used and maintained in conformance with the following Official Exhibits: a. Exhibit A: Site Plan b. Exhibit B: Floor Plan Landscaping plan shall be amended to include at least 35 trees. 4. The play area shall be located to meet all required setbacks. 5. An accessible route that meets the requirements of the Americans with Disabilities Act (ADA) from the play area, parking area and daycare facility shall be installed by the property owner. Resolution No. 18-109 6. The ADA crosswalk improvements, including painting, ramps and signage, shall be maintained by the property owner of 2200 Florida Avenue South. 7. The ADA crosswalk improvements, including the painted crosswalk, ramps anc signage shall be removed by the property owner of 2200 Florida Avenue South if the daycare ceases to operate. 8. The proposed sidewalk along the west side of Florida Ave shall be at least six feet wide, and located at least five feet from the street curb. 9. The proposed parking lot shall be altered to provide the required maneuvering space for vehicles to access the spaces located on the north side of the parking lot. 10. A financial guarantee shall be submitted to ensure the completion of the landscaping, sidewalk. 11. 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, and c. Minnehaha Creek Watershed District stormwater management permit. 12. In addition to other remedies, the developer or owner shall pay an administrative fee beginning at $750 per violation of any condition of this approval. The City Clerk is hereby directed to supply two certified copies of this Resolution to the above- named owner, who is the applicant herein. The City Clerk is instructed to record certified copies of this resolution in the Office of the F?9MVp1n County Register of Deeds or Registrar of Titles as the case may be. RevieAd fo f Administration: Adopted by the City Council July 16, 2018 Manager Attest: JN I, Mel ss Kenne lerk