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Home My WebLink About00-082 - ADMIN Resolution - City Council - 2000/07/05RESOLUTION NO. 00-082 Amends Resolutions 99-84 98-161 A RESOLUTION AMENDING RESOLUTION NO. 99-84 ADOPTED ON JULY 19, 1999 GRANTING A CONDITIONAL USE PERMIT UNDER SECTION 14:5-5.2D OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO ALLOW A THREE MONTH TIME EXTENSION TO PERMIT CONSTRUCTION OF A MIXED-USE (COMMERCIAL/RESIDENTIAL) DEVELOPMENT FOR PROPERTY ZONED C-1 NEIGHBORHOOD COMMERCIAL DISTRICT AT 5101 MINNETONKA BOULEVARD FINDINGS WHEREAS, Helen Brooks (Park Land Company) has made application to the City Council for an amendment to an approved conditional use permit under Section 14:5-5.2D of the St. Louis Park Ordinance Code to allow a time extension for the construction of a mixed-use (commercial/residential) development consisting of a four story building with the ground floor containing retail/service, residential above and an underground garage at 5101 Minnetonka Boulevard within a C-1 Neighborhood Commercial Distnct having the following legal description: The East 235 feet of the North 233 feet of the West 250 feet of the following described premises, namely the West 5/8 of the Northeast Quarter of the Northwest Quarter and the East 1/8 of the Northwest Quarter of the Northwest Quarter of Section 6, Township 28, Range 24, excepting that portion taken for road or highway purposes. (Torrens) WHEREAS, the City Council has considered the information related to Planning Case Nos. 98 -37 -CUP and 99 -18 -CUP and the effect of the proposed mixed use development 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. 98-161 of the St. Louis Park City Council dated December 7, 1998 which contained conditions applicable to said property; and WHEREAS, Resolution 98-161 was amended and replaced pursuant to Resolution No. 99-84 of the St. Louis Park City Council dated July 19, 1999 which continues and amends the Conditional Use Permit; 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. 99-84 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 98 -37 -CUP and 99 -18 -CUP are hereby entered into and made part of the public heanng record and the record of decision for this case. • • Resolution No. 00-082 -2- CONCLUSION NOW THEREFORE BE IT RESOLVED that Resolution No. 99-84 filed as Document No. 3198750 is hereby restated and amended by this resolution which continues and amends a conditional use permit to the subject property for the purposes of permitting the construction of a mixed-use (commercial/residential) development consisting of a four story building with the ground floor containing retail/service, residential above and an underground garage within the C-1 Neighborhood Commercial District at the location described above based on the following conditions: 1. The site shall be developed, used and maintained in accordance with Exhibits A through L, Exhibit A to be revised as required by the Zoning Administrator, such documents incorporated by reference herein. (all exhibits replaced 7-19-99 except Exhibit H — Survey) 2. Prior to issuance of a building permit, which may impose additional requirements, the applicant shall: a. Work with staff to ensure that bufferyard requirements are met along the south property line, and submit any revisions to Exhibit A, Landscape Plan, as required by the Zoning Administrator, (deleted July 19, 1999) b. Submit evidence of Watershed District approval and any other necessary permits from other agencies; c. Submit financial surety to cover repair and cleaning of Raleigh Avenue. d. Sign the assent form and official exhibits (to be signed by owner as well). 3. Prior to receiving a Certificate of Occupancy, the developer shall submit as -built drawings of the relocated public utilities under Raleigh Avenue, which shall be approved by the Public Works Department. 4. The conditional use permit shall be amended on July 19, 1999 (Case No. 99 -18 -CUP) to incorporate all of the preceding conditions and add the following conditions: a. The site shall be developed, used and maintained in accordance with Exhibit AA — Site Plan, BB — Elevations - Page 1; CC Elevations - Page 2; DD — Grading Plan; EE — Utility Plan; and FF — Lighting Plan (FF to be revised as required by Zoning Administrator); such documents incorporated by reference herein. b. Applicant shall work with staff to insure that light levels along property line at Raleigh Avenue do not exceed 1.0 foot candles. 5. The conditional use permit shall be amended on July 5, 2000 to incorporate all of the preceding conditions and add the following conditions: a. A three month extension shall be granted until October 5, 2000. b. Assent form and official exhibits must be signed by applicant (or applicant and owner if applicant is different from owner) prior to,'. - ce of building permit. Review - ' for Administration: 'dopted e Ci C s uncil July 5, 2000 le --73 . idec?..,A.,s,--- Ci Clerk 1-4 >IN nl Clog Cl 0 0 OFFICE OF THE REGISTRAR OF TITLES iENNEPIN COUNTY, MINNESOTA CERTIFIED FILED ON DEC 18 2000 fPm REGISTRAR F TITLES 3Y DEPUTY