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Home My WebLink About96-08 - ADMIN Resolution - City Council - 1996/01/16RESOLUTION NO. 96-08 A RESOLUTION RESCINDING RESOLUTION NO. 94-171 ADOPTED ON NOVEMBER 21, 1994 AND GRANTING CONDITIONAL USE PERMIT UNDER SECTION 14:5-4.6(D)(1) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO ALLOW DEVELOPMENT OF 34 TOWNHOME UNITS AT 4400 PARK GLEN ROAD. FINDINGS WHEREAS, J & D, 14-93, Limited Partnership (David A. Hornig) has made application to the City Council for a conditional use permit under Section 14:5-4.6(D)(1) of the St. Louis Park Ordinance Code to allow development of 34 townhome units at 4400 Park Glen Road within a R -C, High Density Multiple Family District having the following legal description: EXHIBIT A - LEGAL DESCRIPTION WHEREAS, the City Council has considered the information related to Planning Case No. 95 -46 -CUP and the effect of the proposed townhome development 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 conditional use permit was issued regarding the subject property pursuant to Resolution No. 94-171 of the St. Louis Park City Council dated November 21, 1994 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 conditional use permit; and WHEREAS, it is the intent of this resolution to continue and restate the conditions of the permit granted by Resolution No. 94-141 to add the amendments now required, and to consolidate all conditions applicable to the subject property in this resolution; WHEREAS, the contents of Planning Case File 95 -46 -CUP 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: 1. Resolution No. 94-171 filed as Document No. 2575017 is hereby rescinded and replaced by this resolution which continues and amends a conditional use permit to the subject property for the purposes of permitting development of 34 townhome units within the R -C , High Density Multiple Family District at the location described above based on the following conditions: a. The site shall be developed, used and maintained in accordance with Exhibit A - Site Plan as modified to provide an additional fire hydrant at the east entrance to the development; Exhibit B - Landscape Plan as modified to reflect the approved 34 units; Exhibit C - Preliminary Grading, Drainage and Erosion Control Plan as modified to reflect the approved 34 units; Exhibit D - Preliminary Utility Plan as modified to provide individual sanitary sewer services to each unit and to reflect the approved 34 units; Exhibit E - Elevations as modified to include decorative shutters on the rear elevation; and Exhibit F - Floor Plans; such documents incorporated by reference herein. b. Prior to issuance of building permits, requirements relative to handicap accessibility, fire sprinlder installation, adequate structural support for utilities, and capping of unused utility services must be satisfied. c. All improvements shall be completed by January 16, 1997. 2. Should the property owner request approval of a different land use for the property, the owner shall request that the City rescind this resolution. ATTEST: Reviewed for administration: 95-46-CUP:RES8(ws6) Adopted by e City Council January 16, 1996 Approved as to form and execution: City Attorney EXHIBIT A Parcel 3B PART OF BLOCK 1, BELTLINE BUSINESS PARK Lot 4 Block 1, BELTLINE BUSINESS PARK, according to the recorded plat thereof. ALSO That part of Lot 3 Block 1, BELTLINE BUSINESS PARK, according to the recorded 'plat thereof, described as follows: Commencing at the southeast corner of said Lot 3; thence on an assumed bearing of North 01 degrees 43 minutes 26 seconds East, along the east line of said Lot 3, feet to the northeast corner of said Lot 3;dthence ewesterly3 along the north line of said Lot 3, a distance of 1129.84 feet to the point of 'beginning; thence South 09 degrees 20 minutes 45 seconds East 175.38 feet;'thence westerly 115.82 feet along a nontangential curve, concave to the south, having a radius of 1146.00 feet and a central angle of 05 degrees 47 minutes 26 seconds, the chord of said curve bears South 77 degrees 52 minutes 23 seconds West; thence South 74 degrees 58 minutes 40 seconds West 111.04 feet; thence South 32 degrees 50 minutes 29 seconds West 19.26 feet to the intersection with the easterly right of way Road, as dedicated is said BELTLINE BUSINESSIine PARK; thence westerly and southwesterly 98.03 feet, along a nontangential curve, concave to the southeast, having a radius of 60.00 fPet and a central angle of 93 degrees 36 minutes 54 seconds, the chord of said curve bears South 51 degrees 24 minutes 34 seconds West, along said right of way line; thence South 69 degrees 53 minutes 40 seconds West described curve, 110.46 feet, along saidtright tofowayst to an angle point in the west line of said Lot 3; thence NOrth 20 degrees 01 minutes 20 seconds West, along a southwesterly line of said Lot 3, a distance of 229.86 feet to the northwest corner of said Lot 3; thence North 70 degrees 40 minutes 22 seconds East, along the North line of said Lot 3, a distance of 32.40 feet; thence northeasterly 436.82 feet along tangential curve, concave to the southeast, having a radius of 2507.46 feet and a central angle of 09 degrees 58 minutes 53 seconds, along said north line, to the point of beginning. Lying westerly of the following described line: Beginning at the center of the easterly cul de sac of Park Glen Road, adjoining said Lot 3, as dedicated in said BELTLINE BUSINESS PARK; thence North 42 degrees 52 minutes 18 seconds West, 79.23 feet; thence North 15 degrees 01 minutes 20 seconds West 177.96 feet to the intersection with the northerly line of said Lot 3 and said line there terminating. Containing 187,550 square feet. (Torrens) Case No. 95 -46 -CUP CITY OF J ST. LOUIS PARK El!// TORRENS to Registrar of Titles n ABSTRACT to County Recorder STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss CITY OF ST. LOUIS PARK) The undersigned duly qualified and acting Clerk of the City of St. Louis Park hereby certifies the following: (S E A L) The attached is a true and correct copy of the original Resolution No. 9q-0 , approving aat it)44-4',1Y and on file in the Office of the City Clerk. Beverly F - .gan /-,26-96 (date) ty Clerk 5005 Minnetonka Boulevard St Louis Park, Minnesota 55416-2290 Phone: 612-924-2500 Fax. 612-924-2663 Printed on recycled paper RESOLUTION NO. 96-08 .1 A RESOLUTION RESCINDING RESOLUTION NO. 94-171 ADOPTED ON NOVEMBER 21, 1994 AND GRANTING CONDITIONAL USE PERMIT UNDER SECTION 14:5-4.6(D)(1) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO ALLOW DEVELOPMENT OF 34 TOWNHOME UNITS AT 4400 PARK GLEN ROAD. FINDINGS WHEREAS, J & D, 14-93, Limited Partnership (David A. Hornig) has made application to the City Council for a conditional use permit under Section 14:5-4.6(D)(1) of the St. Louis Park Ordinance Code to allow development of 34 townhome units at 4400 Park Glen Road within a R -C, High Density Multiple Family District having the following legal description: EXHIBIT A - LEGAL DESCRIPTION WHEREAS, the City Council has considered the information related to Planning Case No. 95 -46 -CUP and the effect of the proposed townhome development 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 conditional use permit was issued regarding the subject property pursuant to Resolution No. 94-171 of the St. Louis Park City Council dated November 21, 1994 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 conditional use permit; and WHEREAS, it is the intent of this resolution to continue and restate the conditions of the permit granted by Resolution No. 94-141 to add the amendments now required, and to consolidate all conditions applicable to the subject property in this resolution; WHEREAS, the contents of Planning Case File 95 -46 -CUP 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: 1. Resolution No. 94-171 filed as Document No. 2575017 is hereby rescinded and replaced by this resolution which continues and amends a conditional use permit to the subject property for the purposes of permitting development of 34 townhome units within the R -C , High Density Multiple Family District at the location described above based on the following conditions: a. The site shall be developed, used and maintained in accordance with Exhibit A - Site Plan as modified to provide an additional fire hydrant at the east entrance to the development; Exhibit B - Landscape Plan as modified to reflect the approved 34 units; Exhibit C - Preliminary Grading, Drainage and Erosion Control Plan as modified to reflect the approved 34 units; Exhibit D - Preliminary Utility Plan as modified to provide individual sanitary sewer services to each unit and to reflect the approved 34 units; Exhibit E - Elevations as modified to include decorative shutters on the rear elevation; and Exhibit F - Floor Plans; such documents incorporated by reference herein. b. Prior to issuance of building permits, requirements relative to handicap accessibility, fire sprinkler installation, adequate structural support for utilities, and capping of unused utility services must be satisfied. c. All improvements shall be completed by January 16, 1997. 2. Should the property owner request approval, of a different land use for the property, the owner shall request that the City rescind this resolution. Adopted by the City Council January 16, 1996 /s/ Gail Dorfman Mayor ATTEST: /s/ Beverly Flanagan City Clerk Reviewed for administration: Approved as to form and execution: /s/ Charles W. Meyer /s/ Suesan Lea Pace City Manager City Attorney 95-46-CUP:RES8(ws6) EXHIBIT A Parcel 3B • PART OF BLOCK 1, BELTLINE BUSINESS PARK Lot 4 Block 1, BELTLINE BUSINESS PARK, according to the recorded plat thereof., ALSO 'That part of Lot 3 Block 1, BELTLINE BUSINESS PARK, according to the recorded•plat thereof, described as follows: Commencing at the southeast corner of said Lot 3; thence on an assumed bearing of North 01 degrees 43 minutes 26 seconds East, along the east line of said Lot 3, a distance of 84.03 feet to the northeast corner of said Lot 3; thence westerly along the north line of said Lot 3, a distance of 1129.84 feet to the point of be irnO.ng: thence South 09 degrees 20 minutes 45 seconds East 175.38 feet;'thence westerly 115.82 feet along a nontangential curve, concave to the south, having a radius of 1146.00 feet and a central angle of 05 degrees 47 minutes 26 seconds, the chord of said curve bears South 77 degrees 52 minutes 23 seconds West; thence South 74 degrees 58 minutes 40 seconds West 111.04 feet; thence South 32 degrees 50 minutes 29 seconds West 19.26 feet to the intersection with the easterly right of way line of Park Glen Road, as dedicated is said BELTLINE BUSINESS PARK; thence westerly and southwesterly 98.03 feet, along a nontangential curve, concave to the southeast, having a radius of 60.00 feet and a central angle of 93 degrees 36 minutes 54 seconds, the chord of said curve bears South 51 degrees 24 minutes 34 seconds West, along said right of way line; thence South 69 degrees 58 minutes 40 seconds West, not tangent to last described curve, 110.46 feet, along said right of way line, to an angle point in the west line of said Lot 3; thence NOrth 20 degrees 01 minutes 20 seconds West, along a southwesterly line of said Lot 3, a distance of 229.86 feet to the northwest corner of said Lot 3: thence North 70 degrees 40 minutes 22 seconds East, along the North line of said Lot 3, a distance of 32.40 feet; thence northeasterly 436.82 feet eleng tangential curve, concave to the southeast, having a radius of 2507.46 feet and a central angle of 09 degrees 58 minutes 53 seconds, along said north line; to the point of beginning. Lying westerly of the following described line: Beginning at the center of the easterly cul de sac of Park Glen Road, adjoining said Lot 3, as dedicated in said BELTLINE BUSINESS PARK; thence North 42 degrees 52 minutes 18 seconds West, 79.23 feet; thence North 15 degrees 01 minutes 20 seconds West 177.96 feet to the intersection with the northerly line of said Lot 3 and said line there terminating. Containing 187,550 square feet. (Torrens) Case No_ 95 -46 -CUP 26'75160 ROSTERS) Vo>` - PAGEi Q t OFFICE OF THE REGISTRAR OF TITLES HENNEPIN COUNTY. MINNESOTA CERTIFIED FILED ON FEB 2 1996 REGISTRAR OF TITLES _ _ DEPU1i iflAdvx)LT( eArUCGe_S 1.d7