HomeMy WebLinkAbout96-118 - ADMIN Resolution - City Council - 1996/08/05RESOLUTION NO. 96-118
A RESOLUTION RESCINDING RESOLUTION NO. 96-32 ADOPTED ON MARCH
4, 1996 AND GRANTING CONDITIONAL USE PERMIT UNDER SECTION 14:5-
4 4(D)(1) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING
TO ALLOW CLUSTER HOUSING CONSISTING OF 72 TOWNHOMES AT 2631
VIRGINIA AVENUE
FINDINGS
WHEREAS, SVK Development has made application to the City Council for a conditional use
permit under Section 14:5-4.4(D)(1) of the St. Louis Park Ordinance Code to allow construction of cluster
housmg consistmg of 72 townhomes at 2631 Virginia Avenue within a R-3 Two Family Residence District
Distnct having the following legal description:
See Attached Exhibit A - Legal Descnption
WHEREAS, the City Council has considered the information related to Planning Case No. 96 -6 -
CUP and the effect of the proposed cluster housing on the health, safety, and welfare of the occupants of
the surrounding lands, existing and anticipated traffic conditions, the effect on values of properties ui 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 96-32 of the St. Louis Park City Council dated March 4, 1996 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 pernut
granted by Resolution No. 96-32 to add the amendments now required, and to consolidate all conditions
applicable to the subject property m this resolution;
WHEREAS, the contents of Planning Case Files 96 -6 -CUP are hereby entered mto 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. 96-32 (Document not filed) is
hereby rescmded and replaced by this resolution which amends a conditional use permit to the subject
property for the purposes of penmttmg cluster housing within the R-3 Two Family Residence District at
the location descnbed above based on the following conditions:
1. The site shall be developed, used and maintained in accordance with Revised Exhibit B -
Preliminary Plat, Revised Exhibit C - Preliminary Site Plan, Revised Exhibit D - Preliminary
Grading Plan, Revised Exhibit E - Preliminary Utility Plan, Revised Exhibit F - Landscape
Plan, Exhibits G1 -G3 Elevations, Exhibits H1 -H2 - Floor Plans and Exhibit I - Lighting
Fixtures, such documents incorporated by reference herein, and modified acccording to the
following conditions of approval:
2. Minimum lot areas, widths, and setbacks as shown on Revised Exhibit B -- Preliminary Plat;
minimum driveway lengths shall be 18 feet as measured from the garage door to the nearest
point of the curb of the private street; minimum private street widths as follows: 24 feet for
the east -west street on the south side of the project and extending north to the . Virginia
Avenue entrance drive and south to Rhode Island Avenue, 22 feet for the dead-end street; 20
feet for all other private streets; street width is measured as follows: streets with B618
concrete curb: vertical curb face to vertical curb face; streets with D614 concrete curb: lowest
point to lowest point.
3. Approval of Final Grading and Utility Plans by the City Engineer and Superintendent of
Utilities prior to issuance of building permits. All site grading shall be completed by July 1,
1997 and a Letter of Credit in the amount of $10,000 shall be maintained on behalf of the City
until all filling and grading is complete to insure that the City is compensated for damage to
the haul route or in the event the City needs to complete required street cleaning. Weekend
hauling activities are prohibited.
4. Compliance with the residential restrictions and performance standards of Zoning Code
Section 14:5-4.1 except that an alternative curbing proposal has been approved by the City
Engineer and an internal pedestrian circulation system other than the dedicated trail corridor is
not required;
5. Building exteriors shall be stucco and/or brick, unless a minor amendment to the CUP for
alternative materials is approved by the City Council,
6. A minimum of two canopy trees shall be provided per development lot;
7. Compliance with conditions of other permits from the City, Watershed District, MPCA, or
other agency as required; including the required Erosion Control Permit.
8 Approval of the Conditional Use Permit is contingent upon filing of the final plat; if phased
approval of the final plat is requested; building permits can only be issued for those lots for
which a final plat has been recorded and any conditions of said plat relating to issuance of
building permits have been met;
9 A redevelopment agreement, homeowner's association and declaration of covenants is
required to ensure that all improvements are installed in a timely manner, parking is prohibited
on the private street system, and common areas (including ponds, open space, landscaping,
and private streets) are adequately maintained in perpetuity. Approval of the Conditional Use
Permit is contingent upon review and approval of said documents by the City Attorney
10. Prior to issuance of any Certificate of Occupancy, all site improvements corresponding with
that phase of development, including private streets (base coat bituminous), utilities,
landscaping, and irrigation shall be completed and a letter of credit for all remaining
improvements shall be provided in an amount equal to 150% of the anticipated cost of said
improvements.
,
11. Fire Sprinklers shall be included in the northern eight townhome units on the dead-end street
(Lots 1-4 and 37-40 of Block 1 of Exhibit B - Revised Preliminary Plat). No Parking Fire
Lane Signs shall be posted on all private streets in locations determined by the Fire Marshall
prior to issuance of Occupancy Permits related to that phase. Two entrances to the
development site shall be maintained at all times in a condition acceptable to the Fire Marshal.
The full width of the private streets shall be kept clear of snow and other obstructions at all
times.
ATTEST:
Reviewed for adnuniytratton:
7950•REslo
Ado by the City Council August 5, 1996
Ma or
Approved as to form • ' ; execution:
City A
EXHIBIT A -- LEGAL DESCRIPTION
That part of the Burlington Northern, Inc. property (formerly
Great Northern Railway Co., Hutchinson Branch)
in the
Northeast Quarter of the Southeast Quarter of Secttce 7 and
the Nartnwest Out t T et�o North,the
RanSaJ2llNest WestQuarter
5
the 5thPrtncnDal
8.
111 in Tawnshtp
Meridian described as follows:
Commencing at the southeast corner of the Northeast Quarter
of the Southeast Quarter of said Section 7; thence on an
assumed bearing of North, along the east line of said
Northeast Quarter of the Southeast Quarter a distance of
190.57 feet to the southerly right-of-way line of the railway
as described in Book 14 of Deeds, page 84, the point of
beginning of the land to be described; thence North 70
degrees 31 minutes 00 seconds East, along said southerly
right-of-wey line a distanca of 736.91 feet; thence North 21
degrees 47 minutes 01 seconds west a distance of 358.22 feet,
to the intersection with a 1-ne 18.00 feet northerly of,
measured at a right angle to and parallel with the southerly
right-of-way line of the railway as described in Book 122 of
Deeds, page 31e; thence South 76 degrees 14 minutes 40
seccnds West along said parallel line and a line drawn
parallel with and 18.00 feet northerly of the southerly right
Of way line of the railway as described in Hook 122 of Oeeds,
page 455, a distance of 741.75 feet; thence southwesterly
along a spiral curve of increasing radius, a distance of
199.77 feet, the chord of said curve hears Soutn 75 degrees
04 minutes 16 seconds West; thence southwesterly a distance
of 299.70 feet, parallel with said southerly right-of-way
line along a tangential curve concave to the southeast having
a radius of 10,979.88 feet and a central angle of 1 degree 33
minutes 50 seconds, a chord bearing of South 74 degrees 58
minutes 33 seconds West, to the center lire of Virginia
Avenue as described in Document No. 2750835; thence South 21
degrees 47 minutes 01 seconds East, along said center line, a
distance of 488.02 feet, to the southerly right-of-way line
of the railway as described in Scok 15, of Deeds, page 239;
thence northeasterly, along last,described southerly right-
of-way line, a distance of 237.98 feet, along a non-
tangential curve concave to the southeast having a radius of
1860.08 feet and a central angle of 7 degrees 19 minutes 50
seconds, the chord of said curve bears North 68 degrees 51
minutes 08 seconds East and has a chord length of 237.82
feet; thence North 70 degrees 31 minutes 00 seconds East.
along the last described s::utherly right-of-way line, a
distance of 198.14 feet to the point of beginning.
and ;
That part of Lot I, Block I, ASTLEFORO'S COURT. City of
St. Louis Park, Hennepin County, Minnesota. Tying northerly,
northeasterly and easterly of the following described line;
Commencing at the most northerly corner of said Lot I. thencs
southwesterly along the northwesterly line of said Lot I, on
art assumed bearing of South 70 degrees 31 minutes 00 seconcs
West a distance of 51.29 feet to the paint of beginning of
the line to be described: thence South 32 degrees 20 minutes
34 seconds East a distance of 141.70 feet to a point on the
southeasterly line of said Lot I. said southeasterly line being the
northwesterly line of Rhode Island Avenue and said line there
termintnating.
Total Arec of Parcel A is 6.53L77 Square Feet.
CASE NOS 96-5-S and 96 -6 -CUP