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07-002 CITY OF SHOREWOOD RESOLUTION NO. 07 -002 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR EXCELSIOR COVENANT CHURCH WHEREAS, Excelsior Covenant Church (Applicant) is the owner of real property located at 19955 Excelsior Boulevard in the City of Shore wood, County of Hennepin, State of Minnesota, legally described on Exhibit A, attached; and WHEREAS, the Applicant has applied for a conditional use permit to expand the existing church facility on the property; and WHEREAS, the Applicant's request was reviewed by the City Planner, and his recommendations were duly set forth in a memorandum to the Planning Commission dated 29 November 2006, which memorandum is on file at City Hall; and WHEREAS, the Applicant's request was reviewed by the City Engineer, and his recommendations were duly set forth in a memorandum to the Planning Director dated 28 November 2006, which memorandum is on file at City Hall; and WHEREAS, after required notice, a public hearing was held and the application was reviewed by the Planning Commission at its regular meeting on 5 December 2006, the minutes of which meeting are on file at City Hall; and WHEREAS, the Applicant's request for a conditional use permit was considered by the City Council at its regular meeting on 11 December 2006, at which time the Planner's memorandum, the City Engineer's memorandum and the minutes of the Planning Commission were reviewed and comments were heard by the Council from the City staff. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shore wood as follows: FINDINGS OF FACT 1. The Subject Property is located in an R-2A Single and Two-Family Residential zoning district. 2. The subject property contains approximately 7.26 acres ofland. 3. The existing church building contains 32,058 square feet of area 4. The church property is served by a single access drive on Excelsior Boulevard. 5. The church property is characterized as relatively level except for a large knoll on the north side of the site, a significant depression on the south side, abutting the highway, and a wetland basin that extends onto the west side of the site. 6. The upper level of the proposed addition will be used as a multipurpose activity center and the lower level will be used for classrooms. The total floor area of the addition will amount to 21,093 square feet. 7. A second phase addition of 4418 square feet of floor area is proposed to include a remodeled narthex and meeting space. CONCLUSIONS 1. That the Applicant's plans satisfy the conditions imposed by Section 1201.11 Subd. 4.b. of the City Code. 2. That based on the foregoing, the City Council hereby grants the Applicant's request for a conditional use permit subject to the following: a. The site shall be developed based upon the Proposed Site Plan shown on Exhibit B, attached hereto and made a part hereof. Note: This approval does not include the future classroom addition on the north side of the building. b. Except as modified herein, approval of the Conditional Use Permit is subject to the recommendations contained in the Planning Director's memorandum, dated 29 November 2006, and the City Engineer's memorandum, dated 28 November 2006, both of which are on file at the Shorewood City Hall. c. The site shall be landscaped according to plans and specifications to be approved by the Shorewood Zoning Administrator. d. Prior to issuance of a building permit, the Applicant must provide a cost estimate for the required landscaping improvements, and provide a 150 percent letter of credit for two full growing seasons. Also, before any site work begins, construction limits and erosion control barriers shall be erected to preserve existing trees. e. With the exception of landscaping, all required improvements, including parking lot curbing, surfacing and striping, must be completed prior to occupancy of the new building. g. Mechanical equipment to be located at the northeast comer of the new addition shall be screened from view of surrounding residential properties and shall be tested for compliance with Minnesota Pollution Control Agency noise standards prior to issuance of a certificate of occupancy for the new addition. h. As part of the building permit for the new addition, the Applicant shall pay a water connection charge in the amount of$15,000. Upon completion of the water main extending across the north side of the site, and upon receipt of invoices for the cost of water main extension, the Applicant shall be entitled to a refund of water connection charges, not to exceed $15,000. -2- 1. The Applicant has agreed to convey an easement through its property for the water line that will loop through the site, in exchange for which, the City has agreed to operate and maintain said water line, with the exception of the individual service stub serving the church. The Applicant shall provide a legal description of the water line alignment, from which the City shall prepare the easement documents. J. Except for minimal security lighting and eventual steeple lighting, all lights on the property shall be programmed to shut offby 10:00 P.M. k. If a permit for the second phase addition has not been obtained by 8 January 2012 the addition shall be processed as a separate conditional use permit. 1. All sign age shall comply with Section 1201.03 Subd. 11 ofthe City Code. m. As part of the application for a building permit, the Applicant shall submit a complete and up-to-date certificate of survey for the property. 3. That the City Clerk is hereby authorized and directed to provide a certified copy of this Resolution for filing with the Hennepin County Recorder or Registrar of Titles. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 8th day of January, 2007. o~~~ ATTEST: Christine Lizee, Mayor -3- Excelsior Covenant Church - Le2;al Description: That part of Lots 29 and 30 of Auditor's Subdivision No. 141, lying West of a line running from a point on the southerly line of Lot 30 distant 618.2 feet northeasterly from the southwest comer of Lot 30 to a point in the center of Minneapolis and Glencoe Road distant 560.4 feet Easterly along said centerline from the west line of the Southeast Quarter of Section 25, Township 117, Range 23. Except that part platted as The Seasons, Hennepin County, Minnesota, also except highway. Exhibit A -4-