HomeMy WebLinkAbout98-99 - ADMIN Resolution - City Council - 1998/07/20RESOLUTION NO. 98- 9 7
A RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER
SECTION 14:5-4 5.D.1 OF THE ST. LOUIS PARK ORDINANCE CODE
RELATING TO ZONING TO PERMIT CONSTRUCTION OF 38
TOWNHOMES FOR PROPERTY ZONED R-4, MULTIPLE FAMILY
RESIDENCE DISTRICT LOCATED AT 7100-7102 EXCELSIOR
BOULEVARD
BE IT RESOLVED BY the City Council of the City of St. Louis Park:
Findings
1. Edina Development Corporation (Nader Nooryshokry) has made application to the City
Council for a Conditional Use Permit under Section 14:5-4.D.1 of the St. Louis Park Ordinance
Code for the purpose of constructing 38 townhomes within a R-4 Multiple Family Residence
District located at 7100-7102 Excelsior Boulevard for the legal description as follows, to -wit:
Together with that part of the Southeast Quarter of the Northwest Quarter of
Section 20, TWP 117, R21 Hennepin County described as beginning at the
Northeast corner of Tract A RLS 1674; thence North 25.00 feet along said East
Line of the Southeast Quarter of the Northwest Quarter, thence north 89 degrees
29 minutes 50 seconds west 32.00 feet; thence south 00 degrees 30 minutes 10
seconds west parallel with said East line, a distance of 5.00 feet; thence south
54.00 degrees 28 minutes 15 seconds west 34.00 feet to said Line A; thence south
89 degrees 29 minutes 50 seconds east 59.50 feet along said Line A to the point of
beginning. Tract A of Registered Land Survey 1674, Hennepin County,
Minnesota
2. The City Council has considered the advice and recommendation of the Planning
Commission (Case No. 98 -20 -CUP) and the effect of the proposed 38 townhomes 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 38 townhomes 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 38
townhomes is in harmony with the general purpose and intent of the Zoning Ordinance and the
Comprehensive Plan.
4. The contents of Planning Case File 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 the construction of 38 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 Exhibits A
through E, with Exhibit E revised to comply with tree replacement requirements as
outlined in Section 14:4-11 of the Zoning Ordinance; such documents incorporated by
reference herein.
2. The Final Plat shall be consistent with the minimum lot areas, widths, and setbacks as
shown on the preliminary plat.
3. Approval of the Conditional Use Permit is contingent upon filing of the final plat.
4. Prior to Final Plat approval, applicant shall submit.landscaping plans which comply
with tree replacement, bufferyard, and landscaping requirements, and at least one canopy
tree shall be provided per lot.
5. Prior to Final Plat approval, applicant shall submit evidence that placement of
easements comply with any requirements of utility companies.
6. Dedication of drainage and utility easements as approved.
7. Fire sprinklers to be included in all townhome units per Fire Department requirements.
8. Compliance with the General Residential District Regulations is required.
9. A development 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 except where designated, and common areas
(including wetlands, open space, landscaping, ponds 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. An Encroachment Agreement is to be executed between the developer and the City
for developer's use of City land for turnaround area.
11. "No Parking Fire Lane" signs shall be installed per Fire Marshall's determination.
12. Permits from the Nfinnehaha Creek Watershed District, Hennepin County
Transportation, and other agencies shall be obtained by the applicant as required prior to
site work.
13. Final grading, utility plans, and stormwater calculations are to be approved by the
Public Works Department prior to issuance of a building permit.
14. An erosion and sedimentation control plan is to be approved by the Public Works
Department prior to any site work.
15. Lighting and irrigation plans are to be approved by the Zoning Administrator prior to
issuance of building permits.
Assent form and official exhibits must be signed by applicant (or applicant and owner if
applicant is different from owner) prior to issuance of a building permit.
Attest:
C Clerk
Reviewed for Administration:
98-20•.RES12
Adopted by the City Council July 20, 1998