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HomeMy WebLinkAbout97-45 - ADMIN Resolution - City Council - 1997/04/07r 1 1 RESOLUTION NO. 97 - 4 5 Amends Resolutions 96-118 96-187 A RESOLUTION AMENDING RESOLUTION NO. 96-118 ADOPTED ON AUGUST 5, 1996 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 FOR PROPERTY PREVIOUSLY KNOWN AS 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 for property previously known as 2631 Virginia Avenue within a R-3 Two Family Residence District having the following legal descnption: Victoria Ponds and Victoria Ponds 2nd Addition 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 dated August 5, 1996 of the St. Louis Park City Council 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 and Resolution No. 96-187 to make the amendments now required, and to reference 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 and Resolution No. 96-187 (Documents not filed) are hereby restated and amended by this resolution wluch 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 Distnct 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/C - Preliminary Plat/Site Plan, Revised Exhibit D - Preliminary Grading Plan, Revised Exhibit E - Preliminary Utility Plan, Revised 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 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 and Certificates of Occupancy 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 and Certificates of Occupancy 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. At-grade chimneys must not encroach into easements. Encroachments of cantilevers and eaves into easements may be approved by the Zoning Administrator on a case-by-case basis. 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 f 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 Revised Exhibit B/C - Preliminary Plat/Site Plan) dated as received by the City on November 26, 1996. 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. ATTEST: Cfffvv Clerk Reviewed for administration: 9247 RESIO Ado ';/ . y the Cit ouncil April 7, 1997 ( (9tr•-u- yor