HomeMy WebLinkAbout96-144 - ADMIN Resolution - City Council - 1996/09/16RESOLUTION NO. 96-144
A RESOLUTION RESCINDING RESOLUTION NO 94-79 ADOPTED ON JULY 5,
1994, AND GRANTING CONDITIONAL USE PERMIT UNDER SECTION 14:5-
4 5(D)(1) OF THE ST LOUIS PARK ORDINANCE CODE RELATING TO ZONING
TO ALLOW AN AMENDMENT TO THE LANDSCAPING PLAN FOR A
MULTIPLE FAMILY DWELLING DEVELOPMENT OF 24 TOWNHOUSE AND
APARTMENT UNITS AT 2925 MONTEREY AVENUE
FINDINGS
WHEREAS, Monterey CoHousing Community has made application to the City Council for a
minor amendment to an existing conditional use permit under Section 14.5-4.5(D)(1) of the St. Louis Park
Ordinance Code to allow an amendment to the Landscaping Plan at 2925 Monterey Avenue within a R-4
Multiple Family Residence Distract having the following legal description:
See Attachment A - Legal Description
WHEREAS, the City Council has considered the information related to Planning Case Nos. 94 -9 -
CUP and 96 -22 -CUP and the effect of the proposed amendment to the Landscape Plan. 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. 94-79 of the St. Louis Park City Council dated July 5, 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. 94-79 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 Files 94 -9 -CUP and 96 -22 -CUP are hereby entered
into and made part of the public heanng record and the record of decision for this case.
CONCLUSION
NOW THEREFORE BE IT RESOLVED that Resolution No. 94-79 (Document not filed) is
hereby rescmded and replaced by this resolution which contmues and amends a conditional use permit to
the subject property for the purposes of pemuttmg an amendment to the Landscape Plan within the R-4
Multiple Family Residence Distnct at the location descnbed above based on the following conditions:
1 The site shall be developed, used and maintained in accordance with Exhibit A - Site
Review Plan, Exhibit B - Grading and Drainage Plan, Exhibit C - Utility Plan, Exhibit D -
Landscape Plan and Exhibit E - Elevations to the extend that the elevations indicate
general architectural style and exterior building materials; such documents incorporated by
reference herein.
2. No Certificate of Occupancy issued until all improvements complete.
3. The conditional use permit shall be amended pursuant to Planning Case No. 96 -22 -CUP to permit
an amendment to the Landscape Plan in accordance with Exhibit F - As -Built Landscape Plan;
such document incorporated by reference herein and subject to the following revisions and
conditions:
a. Exhibit F may be amended to change certain species of plantings in accordance with
Exhibit G -August 31, 1996 correspondence from Monterey CoHousing.
b. All plantings shown on Exhibit F shall be installed by September 30, 1996.
c. All remaining plantings as shown on Exhibit D - Landscape Plan shall be installed by
October 31, 1997 and a Letter of Credit in an amount equal to 125% of the cost of
remaining improvements shall be submitted to the City by September 30, 1996 in a form
acceptable to the City Attorney. Said Letter of Credit shall not be released or expire until
all of the landscape improvements have been completed and the City Engineer has
approved the final site grading and drainage.
4. Future minor amendments to the Landscape Plan may be approved administratively by staff.
5 Assent form and official exhibits must be signed by applicant to execute this Conditional Use
Permit amendment.
ATTEST:
Clerk •
dm -A -4 -m --
Reviewed for administration:
96-22CUP•RES10
21Ado by the City Council September 16, 1996
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ATTACHMENT A - LEGAL DESCRIPTION
Unit Nos. 1, 3 and 4, CIC No. 734, The Monterey Community, a condominium. located in the County of Hennepin.
Pursuant to Declaration Doc No. 2676734 and the Bylaws Doc No. 2676735.
Subject to the provisions. restrictions and easements contained in the Declaration and Bylaws and to the provisions of
Minnesota Common Interest Ownership Act, Minnesota Statutes Chapter 5158, and Acts Amendatory thereof;
Subject to the interests of Riverside Bank and Northcountry Cooperative Development Fund as evidenced by Doc Nos. 2347274,
2374041 and 2621955 which are superior to CIC No 734, The Monterey Community, a condominium as created by Declaration Doc No. 2676734
and that upon the release or satisfaction of said mortgagee or the filing of consents by the mortgagees, the Registrar shall omit
this recital from Certificates of Title issued thereafter;
Subject to drainage and utility easements as shown on plat of Monterey Park;
Subject to minerals and mineral rights reserved by the State of Minnesota;
Unit Nos. 1, 2, 3 and 4, CIC No. 739, Monterey West Condominium, located in the County of Hennepin.
Pursuant to Declaration Doc No. 2676737 and the Bylaws Doc No 2676738 creating CIC No. 739;
Pursuant to Declaration Doc No. 2676734 and the Bylaws Doc No. 2676735 creating CIC No. 734;
Subject to the provisions, restrictions and easements contained in the Declaration and Bylaws and to the
Minnesota Common Interest Ownership Act, Minnesota Statutes Chapter 5158 and Acts Amendatory thereof;
Subject to the interests of Riverside Bank and Northcountry Cooperative Development Fund as evidenced by
2374041 and 2621955 which are superior to CIC No. 739, Monterey West Condominium, as created by Declaration Doc No.
that upon the release or satisfaction of said mortgages or the filing of consents by the mortgagees, the Registrar
recital from Certificates of Title issued thereafter;
Subject to drainage and utility easements as shown on plat of Monterey Park;
Subject to minerals and mineral rights reserved by the State of Minnesota;
provisions of
Doc Nos. 2347274,
2676737 and
shall omit this
IIIUnit Nos. 5, 6 and 7, CIC No. 739, Monterey West Condominium, located in the County of Hennepin.
Pursuant to Declaration Doc No. 2676737 and the Bylaws Doc No. 2676738 creating CIC No. 739;
Pursuant to Declaration Doc No: 2676734 and the Bylaws Doc No. 2676735 creating CIC No. 734;
Subject to the provisions, restrictions and easements contained in the Declaration and Bylaws and to the provisions of
Minnesota Common Interest Ownership Act, Minnesota Statutes Chapter 515B and Acts Amendatory thereof;
Subject to the interests of Riverside Bank and Northcountry Cooperative Development Fund as evidenced by Doc Nos. 2347274.
2374041 and 2621955 which are superior to CIC No. 739, Monterey West Condominium as created by Declaration Doc No. 2676737 and
that upon the release or satisfaction of said mortgages or the filing of consents by the mortgagees, the Registrar shall omit this
recital from Certificates of Title issued thereafter;
Subject to drainage and utility easements as shown on plat of Monterey Park;
Subject to minerals and mineral rights reserved by the State of Minnesota;
Torrens
Case No. 96 -22 -CUP