HomeMy WebLinkAbout96-32 - ADMIN Resolution - City Council - 1996/03/04RESOLUTION NO. 96-32
A RESOLUTION 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 74 TOWNHOMES FOR PROPERTY ZONED R-3 TWO FAMILY
RESIDENCE DISTRICT LOCATED AT 2631 VIRGINIA AVENUE
BE IT RESOLVED BY the City Council of the City of St. Louis Park:
Findings
1. 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 for the purpose of cluster
housing within a R-3 Two Family Residence District located at 2631 Virginia Avenue for the
legal description as follows, to -wit:
See Attached Exhibt A - Legal Description
2. The City Council has considered the advice and recommendation of the Planning
Commission (Case No. 96 -96 -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, the effect of the use
on the Comprehensive Plan, and compliance with the intent of the Zoning Ordinance.
3. The Council has determined that the proposed cluster housing will not be detrimental to the
health, safety, or general welfare of the community nor will it cause serious traffic congestion
nor hazards, nor will it seriously depreciate surrounding property values, and the proposed
cluster housing is in harmony with the general purpose and intent of the Zoning Ordinance and
the Comprehensive Plan.
4. 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
The Conditional Use Permit to permit cluster housing consisting of 74 townhomes at the
location described is granted based on the findings set forth above and subject to the following
conditions:
1. The site shall be developed, used and maintained in accordance with Exhibit B - Preliminary
Plat, Exhibit C - Preliminary Site Plan, Exhibit D - Preliminary Grading Plan, Exhibit E -
Preliminary Utility Plan, Exhibit F - Landscape Plan, Exhibits Gl-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 the preliminary plat;
3. Plans shall be revised prior to approval of the Final Plat or issuance of any City permits to
include 6 -inch curbing along the private streets in areas that are not interrupted by driveways
to individual townhome units, to include a minimum 2" bituminous base on the private streets
and to add water main valves/manholes per Engineering comments, to add skimmer devices to
all pond inlets, to increase the width of the entry road at Virginia Avenue to a minimum of 28
feet in the area to be dedicated as additional Virginia Avenue right-of-way, and to note that
fire sprinklers will be included in the townhome units on Lots 1, 2, 41, and 42 of Block 1 of
the Preliminary Plat;
4. Compliance with the residential restrictions and performance standards of Zoning Code
Section 14:5-4.1 except that an alternative curbing proposal may be 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. Landscaping shall comply with bufferyard requirements unless a variance to said requirements
has been approved by the City Council, and a minimum of two canopy trees shall be provided
per development lot;
7. Permits from the Watershed District, MPCA, or other agency must be obtained by the
applicant as required;
8. Approval of the Conditional Use Permit is contingent upon filing of the final plat; if phased
approval of the final plat is requested, the first phase must include access from both Virginia
Avenue and Rhode Island Avenue; building permits can only be issued for those lots for
which a final plat has been filed;
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, 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. No Parking Fire Lane Signs shall be posted on the private streets in locations determined by
the Fire Marshall and the full width of the private streets shall be kept clear of snow and other
obstructions at all times.
1
ATTEST:
Reviewed for administration:
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96-6-CUP:RES9
Adopted by the City Council March 4, 1996
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Approved as to form and execution:
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City Attorney
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 Section 7 and
the Northwest Quarter of the Southwest Quarter of Section 8.
all in Township 117 North, 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 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-way line a distance of 7.96.91 feet; thence North 21
degrees 47 minutes 01 seconds West a distance of 356.22 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 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 daedribed in Book 122 of Deeds,
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 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 1 degree 33
minutes 50 seconds, a chord bearing of South 74 degrees 50
minutes 33 seconds West, to the center line of Virginia
Avenue as described in Document No. 2750635; 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 m%nutes 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.
and;
That part of Lot 1, Block 1, 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, thence
southwesterly along the northwesterly line of said Lot 1, on
an assumed bearing of South 70 degrees 31 minutes 00 seconds
West a distance of 51.29 feet to the point 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
termininating.
Totcl Area of Parcel A is 6,631.77 Square Feet.
CASE NOS 96-5-S and 96 -6 -CUP