Loading...
HomeMy WebLinkAbout01-020 - ADMIN Resolution - City Council - 2001/03/05RESOLUTION NO. 01-020 Amends Resolutions 98-97 A RESOLUTION AMENDING RESOLUTION NO. 98-97 ADOPTED ON JULY 20, 1998 AND GRANTING CONDITIONAL USE PERMIT UNDER SECTION 14.5-4.5.D.1. OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO ALLOW CONSTRUCTION OF 38 TOWNHOMES FOR PROPERTY ZONED R-4, MULTIPLE FAMILY RESIDENCE AT 7100-7102 EXCELSIOR BOULEVARD FINDINGS WHEREAS, MM Home Builders, Inc., Richard Lewandowski and Lelainia J. Lewandowski; and Richard J. Lentner (Edina Development Corporation) have 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 to allow construction of 38 townhomes at 7100-7102 Excelsior Boulevard within a R-4, Multiple Family Residence Distnct having the following legal description. Lots 1-10 inclusive, Block 1, Lots 1-8 inclusive, Block 2; Lots 1-6 inclusive, Block 3; Lots 1-6 inclusive, Block 4; Lots 1-8 inclusive, Block 5; Outlot A; and Outlot B, Excelsior Townhomes (Torrens) WHEREAS, the City Council has considered the information related to Planning Case Nos. 98 -20 -CUP and 00 -45 -CUP and the effect of the proposed changes to the site plan, tree replacement and landscaping plan 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 98-97 of the St. Louis Park City Council dated July 20, 1998 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 98-97 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 -20 -CUP and 00 -45 -CUP are hereby entered into and made part of the public heanng record and the record of decision for this case. Resolution No. 01-020 -2- CONCLUSION NOW THEREFORE BE IT RESOLVED that Resolution No. 98-97 (document not filed) is hereby restated and amended by this resolution which continues and amends a conditional use permit to the subject property for the purposes of amending the site plan, tree replacement and landscape plans for construction of 38 townhomes within the R-4 Multiple Family Residential Distnct at the location descnbed above based on 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 Distnct 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 pnvate 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. Resolution No 01-020 -3- 12 Final grading, utility plans, and stormwater calculations are to be approved by the • Public Works Department prior to issuance of a building permit. 13. An erosion and sedimentation control plan is to be approved by the Public Works Department prior to any site work • 15 Lighting and ilTigation plans are to be approved by the Zoning Administrator prior to the issuance of building permits. 16. The conditional use permit shall be amended on March 5, 2001 to incorporate all of the preceding conditions and add the following conditions: a. The developer shall sign new assent forms and revised official exhibits by March 30, 2001. b. Guest parking areas along the east lot line are to be further defined through striping and posting of signs, such signs to be approved by the Fire Marshall and Zoning Administi ator. c The owner of the land shall be responsible for maintaining and plowing the north/south roadway from curb to curb. If it is determined that the roadway is not adequate for emergency vehicles in the sole discretion of the city, the city is authorized to plow the street and assess this cost against the property pursuant to Minn Stat 429 101 d In the event vehicles are parked within the required emergency access drive lane, the city will be authorized to tow the vehicles at the vehicle owner's expense. e Trees are permitted to be planted on City park land per the approved landscape plan (which plan is subject to further modification through the planning process and approval by the City Council) The developer is responsible for installation and maintenance of all plantings they install on public land. f. The Development Agreement shall be amended to extend the timeframe for completion of site improvements and landscape plantings to May 31, 2001 and any other necessary provisions, including authorizing the city to plow the street in the event it is not maintained from curb to curb and assess the costs and to tow vehicles which are parked within the required emergency access drive lane The Mayor and City Manager are authorized to execute such amendment. The current owner and mortgagee are required to also execute the amended contract. If the required improvements are not installed within the required timeframe, the City shall complete the improvements at the developer's expense. g. The developer will pay $750 00 at the time of execution of the Development Agreement amendment as reimbursement for city staff time and expense for addressing violations of conditions of the original CUP. h. The developer will pay an administrative fee of $750.00 per violation for any future violation of any conditions set forth in this resolution. The City Clerk is instructed to record certified copies of this resolution in the Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be. Resolution No 01-020 Reviewed for Administration• w Manager Attest: -4- Adoptee by the City Council March 5, 2001 Mayo 00-45-CUP/N/rc/ord • • • • • RESOLUTION NO. 01-020 COPy Amends Resolutions 98-97 A RESOLUTION AMENDING RESOLUTION NO. 98-97 ADOPTED ON JULY 20, 1998 AND GRANTING CONDITIONAL USE PERMIT UNDER SECTION 14:5-4.5.D.1. OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO ALLOW CONSTRUCTION OF 38 TOWNHOMES FOR PROPERTY ZONED R-4, MULTIPLE FAMILY RESIDENCE AT 7100-7102 EXCELSIOR BOULEVARD FINDINGS WHEREAS, MM Home Builders, Inc., Richard Lewandowski and Lelainia J. Lewandowski; and Richard J. Lentner (Edina Development Corporation) have 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 to allow construction of 38 townhomes at 7100-7102 Excelsior Boulevard within a R-4, Multiple Family Residence District having the following legal description: Lots 1-10 inclusive, Block 1; Lots 1-8 inclusive, Block 2; Lots 1-6 inclusive, Block 3; Lots 1-6 inclusive, Block 4; Lots 1-8 inclusive, Block 5; Outlot A; and Outlot B; Excelsior Townhomes (Torrens) WHEREAS, the City Council has considered the information related to Planning Case Nos. 98 -20 -CUP and 00 -45 -CUP- and the effect of the proposed- changes to the site plan, tree replacement and landscaping plan '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 Resolution No. 01-020 -2- WHEREAS, a conditional use permit was issued regarding the subject property pursuant to Resolution No. 98-97 of the St. Louis Park City Council dated July 20, 1998 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. 98-97 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 -20 -CUP and 00 -45 -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. 98-97 (document not filed) is hereby restated and amended by this resolution which continues and amends a conditional use permit to the subject property for the purposes of amending the site plan, tree replacement and landscape plans for construction of 38 townhomes within the R-4 Multiple Family Residential 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 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. Pnor 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. Pnor 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. II • Resolution No. 01-020 -3- 8 Compliance with the General Residential Distnct 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 Minnehaha 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. IIII14. An erosion and sedimentation control plan is to be approved by the Public Works Department pnor to any site work. 15. Lighting and imgation plans are to be approved by the Zoning Administrator prior to the issuance of building permits. 16. The conditional use permit shall be amended on March 5, 2001 to incorporate all of the preceding conditions and add the following conditions: a. The developer shall sign new assent forms and revised official exhibits by March 30, 2001. b. Guest parking areas along the east lot line are to be further defined through stnping and posting of signs, such signs to be approved by the Fire Marshall and Zoning Administrator. c. The owner of the land shall be responsible for maintaining and plowing the north/south roadway from curb to curb. If it is determined that the roadway is not adequate for emergency vehicles in the sole discretion of the city, the city is authorized to plow the street and assess this cost against the property pursuant to Minn. Stat. 429.101 d. In the event vehicles are parked within the required emergency access dnve lane, the city will be authorized to tow the vehicles at the vehicle owner's expense. 1 Resolution No. 01-020 -4- e. Trees are permitted to be planted on City park land per the approved landscape plan (which plan is subject to further modification through the planning process and approval by the City Council). The developer is responsible for installation and maintenance of all plantings they install on public land. f. The Development Agreement shall be amended to extend the timeframe for completion of site improvements and landscape plantings to May 31, 2001 and any other necessary provisions, including authonzing the city to plow the street in the event it is not maintained from curb to curb and assess the costs and to tow vehicles which are parked within the required emergency access drive lane. The Mayor and City Manager are authorized to execute such amendment. The current owner and mortgagee are required to also execute the amended contract. If the required improvements are not installed within the required timeframe, the City shall complete the improvements at the developer's expense. g. The developer will pay $750.00 at the time of execution of the Development Agreement amendment as reimbursement for city staff time and expense for addressing violations of conditions of the onginal CUP. h. The developer will pay an administrative fee of $750.00 per violation for any future violation of any conditions set forth in this resolution. The City Clerk is instructed to record certified copies of this resolution in the Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be. STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss CITY OF ST. LOUIS PARK ) The undersigned, being the duly qualified Deputy City Clerk of the City of St. Louis Park, Minnesota, certifies that the foregoing resolution is a full, true and correct copy of the onginal Resolution No. 01-020 adopted at the St. Louis Park City Council meeting held on March 5, 2001. WITNESS my hand and the Seal of the City of St. Louis Park this 30th day of April , 2001. -ri , Nancy J. StYoth, Deputy City Clerk