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HomeMy WebLinkAbout02-094 - ADMIN Resolution - City Council - 2002/09/03RESOLUTION NO. 02-094 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-194d(7) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT MULTIPLE -FAMILY DWELLING FOR PROPERTY ZONED C-2 GENERAL COMMERCIAL DISTRICT LOCATED AT 1155 FORD ROAD BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. Shelard Homes, LLC has made application to the City Council for a Conditional Use Permit under Section 36-194d(7) of the St. Louis Park Ordinance Code for the purpose of permitting a multiple -family dwelling within a C-2 General Commercial District located at 1155 Ford Road for the legal description as follows, to -wit: That part of the South 2 acres of the East 10 rods of the East 1 of the West 1 of the Northeast 1/4, Section 1, Township 117, Range 22, which lies Northerly of the Northerly right-of-way line of U.S. Highway No 12, and South of a line 67.0 feet North of and parallel to the following descnbed line: Beginning at a point on the West line of said South 2 acres of the East 10 rods distant of 103 feet South from the Northwest corner thereof; thence run East to a point on the East line of said South 2 acres of the East 10 rods distant 113.05 feet South of the Northeast corner thereof and then terminating. 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 02 -40 -CUP) and the effect of the proposed multiple -family dwelling 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 multiple -family dwelling 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 multiple -family dwelling is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. 4 The contents of Planning Case File 02 -40 -CUP are hereby entered into and made part of the public hearing record and the record of decision for this case. Resolution No 02-094 -2- Conclusion The Conditional Use Permit to permit a multiple -family dwelling 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 the official exhibits, which shall be revised to meet the following conditions: a. Correct tree replacement calculations and size of plant matenals in the plant schedule on the landscape plan. b Move the handicap parking stalls to the northwest side of the extenor lot. c. Revise the east and west building elevations to provide building wall deviations, a minimum of 3 feet in depth that extend from the grade at ground level to the roof. d. ,Revise parking lot dimension to meet the required amount of usable open space requirements as approved by the Zoning Administrator. e. Remove that portion of the billboard, approximately 49' x 2.8', that projects over the southeast property line. 2 Pnor to any site work, the developer shall meet the following requirements: a. A copy of the Watershed Distnct permit shall be forwarded to the City. b. Any other necessary permits from other agencies shall be obtained. c. Sign assent from and revised official exhibits. d. Required erosion control permits, utility permits and other required permits shall be obtained from the City. e. Final sidewalk construction documents are approved by the Public Works Director and any easements required for installation of sidewalks on private property shall be dedicated to the City. 3. Pnor to issuance of any building permits, which may impose additional requirements, the developer shall comply with the following: a. Building matenal samples must be submitted to and approved by the Zoning Administrator. b. The landscape plan must comply with Table 36-364F c. All building elevations must meet building wall deviation requirements. d. A lighting plan and photometrics and imgation plan meeting the ordinance regulations shall be submitted to and approved by the community development department. e. Meet all Accessibility Code requirements dunng construction. 4 The developer shall comply with the following conditions. a. Meet any Fire Department emergency access requirements for dunng construction. b. All City noise ordinances shall be complied with, including that there be no construction activity between the hours of 10 p.m. and 7 a.m. on weekdays and 10 p.m. and 9 a.m. on weekends and holidays. c. The site shall be kept free of dust and debns that could blow onto neighbonng properties. d. Public streets shall be maintained free of dirt and shall be cleaned as necessary. e. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of construction on surrounding properties. Resolution No. 02-094 -3- 0 5. Prior to issuance of an occupancy permit the billboard shall be removed from the subject property. 6. The developer or owner shall pay an administrative fee of $750 per violation of any condition of this approval 7. Prior to installation of any signs the applicant shall obtain sign permits. 8. The building height may be decreased to four stones with a commensurate reduction in the number of residential units without amending the conditional use permit. • 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. Reviewed for Administration: City Manager Attest: ktg_.__J-----/--- CI y Clerk i -Ad. s rd by the City Council September 3, 2002 G* '4<%\Y OFFICE OF HENNEPIN COUNTY.rM HHS SORA CERTIFIED Fo_FO AhJ CR 2002 SEP 27 4M 9: 12 As DOCUMENT .- 4 RESOLUTION NO. 02-094 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-194d(7) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT MULTIPLE -FAMILY DWELLING FOR PROPERTY ZONED C-2 GENERAL COMMERCIAL DISTRICT LOCATED AT 1155 FORD ROAD BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. Shelard Homes, LLC has made application to the City Council for a Conditional Use Permit under Section 36-194d(7) of the St. Louis Park Ordinance Code for the purpose of permitting a multiple -family dwelling within a C-2 General Commercial Distnct located at 1155 Ford Road for the legal descnption as follows, to -wit: That part of the South 2 acres of the East 10 rods of the East i of the West i/ of the Northeast 1/4, Section 1, Township 117, Range 22, which lies Northerly of the Northerly right-of-way line of U.S. Highway No. 12, and South of a line 67.0 feet North of and parallel to the following descnbed hne: ----_DEPUTY Beginning at a point on the West line of said South 2 acres of the East 10 rods distant of 103 feet South from the Northwest corner thereof, thence run East to a point on the East line of said South 2 acres of the East 10 rods distant 113.05 feet South of the Northeast corner thereof and then terminating. 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 02 -40 -CUP) and the effect of the proposed multiple -family dwelling 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. Resolution No. 02-094 -2- 3. The Council has determined that the multiple -family dwelling will not be detnmental to the health, safety, or general welfare of the community nor will it cause senous traffic congestion nor hazards, nor will it seriously depreciate surrounding property values, and the proposed multiple -family dwelling is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. 4. The contents of Planning Case File 02 -40 -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 a multiple -family dwelling 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 the official exhibits, which shall be revised to meet the following conditions: a. Correct tree replacement calculations and size of plant matenals in the plant schedule on the landscape plan. b. Move the handicap parking stalls to the northwest side of the exterior lot. c. Revise the east and west building elevations to provide building wall deviations, a minimum of 3 feet in depth that extend from the grade at ground level to the roof. d. Revise parking lot dimension to meet the required amount of usable open space requirements as approved by the Zoning Administrator. e. Remove that portion of the billboard, approximately 49' x 2.8', that projects over the southeast property line. 2. Pnor to any site work, the developer shall meet the following requirements: a. A copy of the Watershed Distnct permit shall be forwarded to the City. b. Any other necessary permits from other agencies shall be obtained. c. Sign assent from and revised official exhibits. d. Required erosion control permits, utility permits and other required permits shall be obtained from the City. e. Final sidewalk construction documents are approved by the Public Works Director and any easements required for installation of sidewalks on private property shall be dedicated to the City. 3. Prior to issuance of any building permits, which may impose additional requirements, the developer shall comply with the following: a. Building matenal samples must be submitted to and approved by the Zoning Administrator. b. The landscape plan must comply with Table 36-364F. c. All building elevations must meet building wall deviation requirements. d. A lighting plan and photometncs and irrigation plan meeting the ordinance regulations shall be submitted to and approved by the community development department e. Meet all Accessibility Code requirements dunng construction. • Resolution No. 02-094 -3- 4 The developer shall comply with the following conditions a. Meet any Fire Department emergency access requirements for during construction. b. All City noise ordinances shall be complied with, including that there be no construction activity between the hours of 10 p.m. and 7 a.m. on weekdays and 10 p.m. and 9 a.m. on weekends and holidays. c. The site shall be kept free of dust and debris that could blow onto neighbonng properties. d. Public streets shall be maintained free of dirt and shall be cleaned as necessary. e. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of construction on surrounding properties 5. Prior to issuance of an occupancy permit the billboard shall be removed from the subject property. 6. The developer or owner shall pay an administrative fee of $750 per violation of any condition of this approval. 7. Prior to installation of any signs the applicant shall obtain sign permits. 8. The building height may be decreased to four stones with a commensurate reduction in the number of residential units without amending the conditional use permit. 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. Adopted by the City Council September 3, 2002 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 original Resolution No. 02-094 adopted at the St. Louis Park City Council meeting held on September 3, 2002 WITNESS my hand and the Seal of the City of St. Louis Park this 20th day of September, 2002. _Y? Nancy J. S ih, Deputy City Clerk