HomeMy WebLinkAbout96-187 - ADMIN Resolution - City Council - 1996/12/02r
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RESOLUTION NO. 96-187
A RESOLUTION RESCINDING RESOLUTION NO. 96-118 ADOPTED ON
AUGUST 5, 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 PERMIT CLUSTER HOUSING CONSISTING
OF 72 TOWNHOMES FOR PROPERTY ZONED R-3 TWO FAMILY
RESIDENCE DISTRICT LOCATED AT 2631 VIRGINIA AVENUE SOUTH
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
housing consisting of 72 townhomes at 2631 Virginia Avenue within a R-3 Two Family Residence District
having the following legal description:
See Attached Exhibit A - Legal Description
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 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. 96-118 of the St. Louis Park City Council dated August 5, 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 mtent of this resolution to continue and restate the conditions of the pernut
granted by Resolution No. 96-118 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 96 -6 -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 Resolution No. 96-118 (Document not filed) 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hereby rescinded and replaced by this resolution which continues and amends a conditional use permit to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 cluster housing within the R-3 Two Family Residence
District at the location described above based on the following conditions:
1. The site shall be developed, used and maintained in accordance with Revised Exhibit B/C -
Preliminary Plat/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 according to the following conditions of approval:
2. Minimum lot areas, widths, and setbacks as shown on Revised Exhibit B/C -- Preliminary
Plat/Site Plan; 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; all private streets shall use B618 curb and street
width is measured from vertical curb face to vertical curb face.
3. Approval of Final Grading Plans for the trail easement and trail extension to Rhode Island
Avenue by the City Engineer and Park and Recreation Director 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 internal pedestrian circulation system (other than the
dedicated trail easement and trail extension to Rhode Island Avenue) 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; individual lot surveys are required prior to issuance of
building permits and said surveys must show lot sizes and easements that are identical to those
approved for the Final Plat. Building foundation walls and porches must meet minimum
setback requirements, and no bay windows, chimneys or eaves may extend into easements.
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.
12. Assent form and official exhibits must be signed by applicant prior to issuance of building permit.
Ado ted by the C. Council December 2, 1996
`' 1. o
ATTEST:
Cii r Clerk
Reviewed for administration:
9053:RESIO
EXHIBIT A - LEGAL DESCRIPTION
KNOW ALL MEN BY TIIESE PRESENTS. 1 hat SVK Development, Inc , a Minnesota corporation, owner
and proprietor of the following described property situated in the County of I lennepin, State of Minnesota, to
wit •
That part of the Burlington Northern Railroad Company property (formerly Great Northern Railway Co ,
Hutchinson Branch) in the Northeast Quarter of the Southeast Quarter of Section 7 and the Northwest
Quarter of the Southwest Quarter and the Northeast Quarter of the Southwest Quarter of Section 8, all in
Township 117, Range 21 West of the 5th Principal Meridian described as follows
Commencing at the southeast corner of the Northeast Quarter of the Southeast Quarter of said Section 7,
thence on a bearing of North, (assuming the northwesterly line of Lot 1, Block 1, ASTLEFORD'S
COURT bears South 70 degrees 31 minutes 00 seconds West), along the Fact line of said Northeast
Quarter of the Southeast Quarter. a distance of 190 57 feet to thc 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-way line. a distance of
885.86 feet; thence continuing easterly along said southerly right-of-way line, a distance of 618 06 feet
along a tangential curve concave to the northwest having a radius of 1960 08 feet and a central angle of
18 degrees 04 minutes 00 seconds, thence North 52 degrees 27 minutes 00 seconds East along said
southerly right-of-way line tangent to said curve a distance of 262 87 feet, thence North 65 degrees 2;
minutes 40 seconds East along said southerly right-of-way line a distance of 130 71 feet. thence easterly
along said southerly right-of-way line a distance of 352 24 feet along a tangential cure concave to the
southeast having a radius of 1860 08 feet and a central angle of 10 degrees 51 minutes 00 seconds.
thence North 13 degrees 45 minutes 20 seconds West, not tangent to the last described curve. a distance
of 23 11 feet to the intersection with a line 18 00 feet northerly of, measured at right angle to and parallel
with the southerly right-of-way line of the railway as described in Book 122 of Deeds. Page 316. thence
South 76 degrees 14 minutes 40 seconds 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 !look 122 of Deeds,
Page 455, a distance of 2194 23 feet, thence southwesterly along a spiral curve of increasing radius a
distance of 199 77 feet, thc chord of said curve bears South 76 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 86 feet and a central angle of 01
degree 33 minutes 50 seconds, and a chord bearing of South 74 degrees 56 minutes 33 seconds West to
the centerline of Virginia Avenue as described in Document Number 2750535. thence South 21 degrees
47 minutes 01 seconds East along said centerline a distance of 488 02 feet to the southerly right-of-way
line of the railway described in Book 15 of Deeds, Page 239. thence northeasterly along the last
described southerly right-of-way, a distance of 237 98 feet along a nontangential cure concase to the
southeast having a radius of 1860 08 feet and a central angle of 07 degrees 19 minutes 50 seconds, the
chord of said curve bears North 66 degrees 51 minutes 05 seconds East and has a chord length of 237 82
feet; thence North 70 degrees 31 minutes 00 seconds East along the last described southerly right-of-way
line a distance of 196 14 feet to the point of beginning
which lies westerly of a line 1230 00 feet easterly of, measured at a right angle to and parallel with the
centerline of said Virginia Avenue
AND
That part of Lot 1, Block 1, ASTLEFORD'S COURT, lying northeasterly of the following described line
Commencing at a point on the northwesterly line of said Lot I (which has an assumed bearing of South 70
degrees 31 minutes 00 seconds West) distant 100 00 feet southwesterly of the most northerly corner thereof
Thence South 37 degrees 40 minutes 08 seconds East a distance of 162.13 feet to the southeasterly line of said
Lot 1, and said line there terminating (Abstract)
CASE NOS. 96-5-S AND 96 -6 -CUP
f
RESOLUTION NO. 96-187
A RESOLUTION RESCINDING RESOLUTION NO 96-118 ADOPTED ON
AUGUST 5, 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 PERMIT CLUSTER HOUSING CONSISTING
OF 72 TOWNHOMES FOR PROPERTY ZONED R-3 TWO FAMILY
RESIDENCE DISTRICT LOCATED AT 2631 VIRGINIA AVENUE SOUTH
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
housing consisting of 72 townhomes at 2631 Virginia Avenue within a R-3 Two Family Residence Distnct
having the following legal description:
See Attached Exhibit A - Legal Description
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 m 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. 96-118 of the St. Louis Park City Council dated August 5, '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 permit
granted by Resolution No. 96-118 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 File 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. 96-118 (Document not filed) 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 cluster housing withm the R-3 Two Fanuly Residence
District at the location described above based on the following conditions:
1. The site shall be developed, used and maintained in accordance with Revised Exhibit B/C -
Preliminary Plat/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 according to the following conditions of approval -
2. Minimum lot areas, widths, and setbacks as shown on Revised Exhibit B/C -- Preliminary
Plat/Site Plan; 'Minimum driveway lengthsshall be 18 feet as measured from the garage door
to the nearest point of the curb of the pnvate 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; all private streets shall use B618 curb and street
width is measured from vertical curb face to vertical curb face.
3. Approval of Final Grading Plans for the trail easement and trail extension to Rhode Island
Avenue by the City Engineer and Park and Recreation Director pnor 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 internal pedestrian circulation system (other than the
dedicated trail easement and trail extension to Rhode Island Avenue) 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; individual lot surveys are required prior to issuance of
building permits and said surveys must show lot sizes and easements that are identical to those
approved for the Final Plat. Building foundation walls and porches must meet minimum
setback requirements, and no bay windows, chimneys or eaves may extend into easements.
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
EXHIBIT A - LEGAL DESCRIPTION
KNOW ALL MEN BY THESE PRESENTS. 7 hat SVK Development, Inc. a Minnesota corporation, owner
and proprietor of the following described property situated in the County of I iennepin, State of Minnesota, to
wit'
That part of the Burlington Northern Railroad Company property (formerly Great Northern Railway Co
Hutchinson Branch) in the Northeast Quarter of the Southeast Quarter of Section 7,and the Northwest
Quarter of the Southwest Quarter and the Northeast Quarter of the Southwest Quarter of Section 8, all in
Township 117, Range 21 West of the 5th Principal Meridian described as follows
Commencing at the southeast corner of the Northeast Quarter of the Southeast Quarter of said Section 7,
thence on a bearing of North, (assuming the northwesterly line of Lot 1, Bloc: 1, ASi'LEFORD'S
COURT bears South 70 degrees 31 minutes 00 seconds West), 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-wa} line, a distance cel
d
885.86 feet; thence continuing easterly along saisoutfierly right -of --way line. a distance of 618 06 feet
along a tangential curve concave to the northwest having a radius of 1960 08 feet and a central angle of
18 degrees 04 minutes 00 seconds; thence North 52 degrees 27 minutes 00 seconds East along said
southerly right-of-way line tangent to said curve a distance of 262 87 feet, thence North 65 degrees 23
- Minifies 40,seconds East'along.sardisoutheriv right-of-way line a distance of 130 71 feet, thence easterly
i',alorrg said; southerly riglit-ofwayline a distance of 352 24 feet along a tangential curve concave to the
sduteeai having a radius860,08 feet and a central angle of 10 degrees 51 minutes 00 seconds,
74hertce,1466h 13 degrees 45=heinutes 20 seconds West, not tangent to the last described curve- a distance
r o,t 23 i fleet to the intersection wide a line 18 00, feet northerly of, measured at right angle to and parallel
with't)te5soiuthcriy right=of=way line;of the railway as described in Book 122 of Deeds. Page 316, thence
„Souih�76e dggrees 14 minutes 40<seconds West along said parallel line and a line drawn parallel with and
`` 18.00`'eetnortherly of114 souilicrljr right-of,wav line of the railway as described in Book 122 of i)eeds,
Page 45:5,.1 distance, of 2-194 -23'-feet; thence southwesterly along a spiral curve of increasing radius a
�'. distari e,yof 199 77 feet; the chord of said curve bears South 76 degrees 04 minutes 16 seconds West,
thence so'uthwcsterly a distancetof299 70 feet parallel with said southerly right-of-way line along a
tangei tI. I curve concave to the southeast having a radius of 10,979 86 feet and a central angle of 01
degree 33 minutes 50 seconds, and a chord bearing of South 74 degrees 56 minutes 13 seconds West to
the centerline of Virginia Avenue as described in Document Number 2750535. thence South 21 degrees
47 minutes 01 seconds East along said centerline a distance of 488 02 feet to the southerly right-of=wa%
line,of the railway described in Book 15 of Deeds, Page 239, thence northeasterly along the last
described southerly right-of-way, a distance 'of 237 98'fect along a nontarigential cure concave to the
southeast having a radius of 1860 08 feet and a central angle of 07 degrees 19 minutes 50 seconds, the
chord of said curve bears North 66 degrees 51 minutes 05 seconds East and has a chord length of 237 82
feet; thence North 70 degrees 31 minutes 00 seconds East along the last described southerly right-of-w.av
line a distance of 196 14 feet to the point of beginning
which lies westerly of a lint 1230 00 feet easterly of, measured at a right angle to and parallel with the
centerline of said Virginia Avenue
AND
That part of Lot, 1, Block 1, ASTLEFORD'S COURT, lying northeasterly of the following described line
41 Commencing at:a point on the northwesterly line of said Lot 1 (which has an assumed bearing of South 70
degrees 31 minutes 00 seconds West) distant 100 00 feet southwesterly of the most northerly corner thereof
Thence South 37 degrees 40 minutes 08 seconds East a distance of 162.13 feet to the southeasterly line of said
Lot 1, and said line there terminating (Abstract)
CASE NOS. 96-5-S AND 96 -6 -CUP
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.
12. Assent form and official exhibits must be signed by applicant prior to issuance of building permit.
ATTEST.
Ci Clerk
Reviewed for administration:
9053:RES10
Ado�ted by the City Council December 2, 1996
Mayor!
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