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Home My WebLink About92-95 - ADMIN Resolution - City Council - 1992/07/06RESOLUTION NO. 92-95 A RESOLUTION RESCINDING RESOLUTION NO. 92-7 ADOPTED ON JANUARY 21, 1992 AND GRANTING SPECIAL (CONDITIONAL USE) PERMIT UNDER SECTION 14-124.101 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO ALLOW A REDUCTION IN THE NUMBER OF TOWNHOMES FROM 20 TO 18 AND TO REVISE ELEVATIONS AND FLOOR PLANS FOR 11 TOWNHOMES FOR PROPERTY LOCATED IN THE PUD, PLANNED UNIT DEVELOPMENT DISTRICT AT 2920-2940 MONTEREY AVENUE FINDINGS WHEREAS, Signal Bank, Inc. (Kingman Dillon Corp.) John D. Winter, Robert Schroer and Gertrude Krawczyk, and Kris A. Winter have made application to the City Council for a special permit under Section 14-124-101 of the St. Louis Park Ordinance Code to allow a reduction in the number of townhomes from 20 to 18 and to revise elevations and floor plans for 11 townhomes at 2920-2940 Monterey Avenue within a PUD, Planned Unit Development District having the following legal description: Lots 1 through 21, inclusive, and that part of Lot 22 described as follows: The North 35.00 feet of that part of Lot 22, Block 1, Monterey Park, Hennepin County, Minnesota lying westerly of the Southerly extension of the East line of Lot 20, Block 1, Monterey Park; and The South 192.47 feet of the North 227.47 feet of the most Westerly 35.00 feet of Lot 22, Block 1, Monterey Park; all in Block 1, Monterey Park, Hennepin County, Minnesota (Torrens) WHEREAS, the City Council has considered the advice and recommendation of the Planning Commission Case Nos. 87 -79 -SP, 89 -45 -SP, 90 -69 -SP, 92 -3 -SP and 92 -28 -SP and the effect of the proposed reduction in the number of townhomes from 20 to 18 and revision to the elevations and floor plans for 11 townhomes 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 and the effect of the use on the Comprehensive Plan; and WHEREAS, a special permit was issued regarding the subject property pursuant to Resolution No. 92-7 of the St. Louis Park City Council dated January 21, 1992 which contained conditions applicable to said property; and WHEREAS, due to changed circumstances, amendments to those conditions are now necessary, requiring the amendment of that special permit; and WHEREAS, it is the intent of this resolution to continue and restate the conditions of the permit granted by Resolution No. 92-7 to add the amendments now required, and to consolidate all conditions applicable to the subject property in this resolution; WHEREAS, the contents of Planning Commission Case Files 87 -79 -SP, 89 -45 -SP, 90 -69 - SP, 92 -3 -SP and 92 -28 -SP are hereby entered into and made part of the public hearing record and the record of decision for this case. CONCLUSION NOW THEREFORE BE IT RESOLVED that Resolution No. 92-7 filed as Document No. 2239235 is hereby rescinded and replaced by this resolution which continues and amends a special permit to the subject property for the purposes of permitting a reduction in the number of townhomes from 20 to 18 and revision in elevations and floor plans for 11 townhomes within the PUD, Planned Unit Development District at the location described above based on the following conditions: 1. That the site be developed, used and maintained in accordance with exhibit A - Site Plan; Exhibit B - Landscape Plan; Exhibit C - Circulation and Parking Plan; Exhibit D - Exterior Lighting Plan; Exhibit E - Elevations; Exhibit F1 and F2 - Floor Plans; Exhibit G - Grading Plan; and Exhibit H - Utilities, except as modified by the following conditions: (Exhibit E rescinded - See Condition No. 17) (Exhibits F1 and F2 modified - see Condition Nos. 5, 18 and 22a) (Exhibit A modified - see Condition No. 22a) (Exhibit H rescinded - See Condition No. 14) 2. The Exhibits are applicable only to the townhouse portion of the property included on the plans - the westerly 1.83 acres which is the subject site. 3. Exhibit A - Site Plan and Exhibit B - Landscape Plan may be adjusted to increase the width of the landscaped area between the third townhouse cluster to the south and the adjacent private road. 4. Modifications to Exhibit E - Elevations are permitted, such as windows, doors, skylights, porches, etc., provided the design and material and their proportions are consistent with the approved plans. (Exhibit E rescinded - See Condition No. 17) 5. Exhibits F1 and F2 - Floor Plans are included for general purposes only. (exhibits F1 and F2 modified - See Condition No. 18 and Condition No. 22a) 6. Decorative private street lights shall not be higher than 14 feet nor shall they contain more than 100 watts if high pressure sodium vapor is used. The location and number of the poles can be adjusted for better spacing and lighting. 7. Easement agreements shall be filed with the City and/or included in the homeowners association documents insuring perpetual rights on the two parking lots on the east side of the of the subject property for the townhouses. 8. There shall be no direct vehicle access from the subject property to the north -south alley adjacent to the site. 9. The 24 -foot wide private road shall be constructed in accordance with specifications, and no on -street parking shall be permitted. Said private road shall be signed to prohibit on -street parking. 10. All overhead utilities shall be removed and all new utilities shall be placed underground. 11. All parking areas and the private road shall have a poured -in-place concrete curb measuring at least 6 inches above and below the grade. 12. There shall be no outdoor storage of trash or trash containers. 13. All improvements including buildings, landscaping, parking including the shared parking lots, lighting and buildings shall be completed by October 15, 1988. (Completion date rescinded - see Condition No. 19) 14. That the site be developed, used and maintained in accordance with Exhibit I - Revised Landscape Plan, Exhibit J - Revised Grading Plan, and Exhibit K - Revised Utility plan. (Exhibit K modified by Condition 22b) 15. The maximum height of the privacy fence located along the west property line be six feet. 16. All improvements including buildings, landscaping, parking including the shared parking lots, and lighting shall be completed by October 31, 1990. (Completion date rescinded - See Condition No. 19) 17. That Exhibit E in Condition No. 1 be deleted and replaced by Exhibit EE - Elevation Plan. (Exhibit EE modified - See Condition No. 22a) 18. That Exhibits F1 and F2 - Floor Plans in Condition No. 5 be replaced by Exhibits FF1 and FF2 - Floor Plans for units 8 through 20 only. (Exhibits FF1 and FF2 modified - See Condition No. 22a) 19. That all improvements including building, landscaping, parking including the shared parking lots and lighting be completed within one year of commencement of construction but by no later than October 31, 1991. (Rescinded by Condition No. 21) 20. That either construction commence or construction debris be cleaned up by December 1, 1990, or conditions 16, 17, 18 and 19 of this special permit become null and void. 21. That all improvements including building, landscaping, parking including the shared parking lots and lighting be completed by October 30, 1992. (Rescinded by Condition No. 22c) 22. The special permit shall be amended pursuant to Planning Case No. 92 -28 -SP to permit a reduction the number of townhomes from 20 to 18 and a revision in elevations and floor plans for 11 townhomes, subject to the following conditions: a. The site shall be developed, used and maintained in accordance with Exhibit Al - Partial Site Plan, Exhibit FF3 - Floor Plans for units 8 through 18 and Exhibit EE1 - Elevation Plan for units 8 through 18; such documents incorporated by reference herein. b. That Exhibit K - Utility Plan may be modified to allow installation of the water main in the alley. c. That all improvements be completed by June 31, 1993 ATTEST: Reviewed for administration: City Manager 92 -28 -SP RES6 Adopted by the City Council July 6, 1992 Approved as to form and execution: City Attorney U 5 OFFICES DENVER COLORADO TEL 303-893-1200 MIAMI, FLORIDA TEL 305-530-0050 WASHINGTON, D C TEL 202-962-8700 4A4" POPHAM HAIK S C H N O 8 RICH & K A U F M A N, L T D SUITE 3300 222 SOUTH NINTH STREET MINNEAPOLIS, MINNESOTA 55402 TEL 612-333-4800 FAx 612-334-8888 Ms. Beverly A. Flanagan City Clerk City of St. Louis Park 5005 Minnetonka Boulevard St. Louis Park, MN 55416 CARRIE L. BAZELLA DIRECT DIAL (612) 334-2695 July 17, 1992 4 Re: Ordinance No. 1887-92 and Resolution No. 92-95 Our File No. 03857-255 Dear Beverly: INTERNATIONAL OFFICES LEIPZIG, GERMANY TEL 01137-41-4918471 STUTTGART, GERMANY TEL 01149-711-296303 7-$.49-`1' I am returning the two documents referenced above to you for the following reasons: k-val Ordinance 1887-92. The 'registrar of Titles accept this document for filing because it constitute an encumbrance on real property. will not does not Resolution No. 92-95. The Registrar of Titles has rejected this filing because "Lots 1-21" should read "Lots 1 through 21, inclusive,". Upon correction of Resolution No. 92-95 to conform to the Registrar's requirements, the resolution can then be filed of record. Should you have any comments or questions, please do not hesitate to call. Enclosures 1328/38CLB Very truly yours, Carrie L. Bazella Legal Assistant