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HomeMy WebLinkAbout2008-04-22 CC Resolution #08-04-18RESOLUTION NO. 08 0 4 -1 8 CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT THE REQUEST BY THE FRIENDS OF ST. CROIX PREPARATORY ACADEMY FOR AN INTERIM USE PERMIT TO ALLOW KINDERGARTEN THROUGH FIFTH GRADE CLASSES TO OCCUPY A PORTION OF THE FORMER HERBERGER'S RETAIL SPACE AT 1478159 STREET NORTH FOR AT LEAST ONE SCHOOL YEAR BE APPROVED WITH CONDITIONS WHEREAS, the City of oak Park Heights has received a request from The Friends of St. Croix Preparatory Academy for an interim use permit to allow kindergarten through fifth grade classes to occupy a portion of the former Herberger's retail space at 14781 59 "' Street North for at least one school year; and after having conducted a public hearing relative thereto, the Planning Commission of oak Park Heights recommended that the application be approved with conditions. The City Council of the City of oak Park Heights makes the following findings of fact and resolution: follows, to wit: and 1. The real property affected by said application is legally described as SEE ATTACHMENT A 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: .mil_ SEE ATTACHMENT B 3. The subject property is zoned B -2, General Business District. Section 401-30-C of the B -2 District section of the Zoning ordinance provides for interim use, but none are listed; and 4. The Planning Commission held a public hearing at their April 10, 2008 meeting, and recommended that private and public elementary, junior or senior high schools for a period not to exceed two years be allowed as a listed interim use in the Bw2, General Business District; and 5. City staff prepared a planning report dated April 2, 2008 reviewing the request; and 6. City staff recommends in the April 2, 2008 planning report that the request be approved with conditions; and 7. The Planning Commission held a public hearing on the interim use request at their April 10, 2008 meeting, took comments from the applicant and public, closed the public hearing, and recommended that the application be approved with conditions. Now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF CAIN PARIS HEIGHTS THAT THE CITY COUNCIL .APPROVES THE FOLLOWING: A. The application submitted by The Friends of St. Croix Preparatory Academy for an interim use permit to allow kindergarten through fifth grade classes to occupy a portion of the former Herberger's retail space at 14781 59 Street North for at least one school year and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby approved by the City Council of the City of Oak Park Heights with the following conditions: 1. The City Council approves a Zoning ordinance amendment for Section 401.30.0 to allow private and public elementary, junior or senior high schools for a time not to exceed two years as an interim use in the B -2, General Business District. 2. The interim use shall expire two years from the date of City Council approval. 3. The applicant shall apply for and receive a sign permit for the proposed wall sign. 4. The applicant shall provide an example of temporary playground fencing materials that will be reviewed and approved by City staff. 5. All Building /Fire Code requirements for schools shall be addressed and approved by the Building Official. 6. The City Engineer shall review and approve the traffic flow plan. Approved by the City Council of the 'ty of Park f eights t ' ay of April 2008. f e , Wyor ATT 3 Eric A ohnson, City Administrator N Attachment A Washin Count GEO Code: 04.29.20.12.0019 Le Description: Lot 3, Block 2, St. Croix Mall RUE), 2nd Addition Ph Address: 1 4781 59th St. N. 1. � Interim Use and zoning District Amendment St. Croix Preparatory Academy — 14781 59th St. N Application Materials • Application Form • Fees • Plan Sets • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington county (500'from subject property) • Proof of ownership or Authorization to Proceed • Property Tax statements )/Legal Description(s) flannin Commission Public Hearin & Recommendation: April 10, 2008 City council 5 Interim Use Permits - Termination An interim use permit shall terminate on the happening of any of the following events, whichever first occurs: 1 . The date stated in the permit or ordinance. 2. Upon violation of conditions under which the permit was issued. 3. Upon change in the city's zoning regulations which renders the use non- conforming. 4. The redevelopment of the use and property upon which it is located to permitted or conditional use as allowed within the respective zoning district.