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HomeMy WebLinkAbout03-137 - ADMIN Resolution - City Council - 2003/10/07RESOLUTION NO. 03-137 Amends and Restates Resolution No. 6912 A RESOLUTION AMENDING AND RESTATING RESOLUTION NO. 6912 ADOPTED ON AUGUST 3, 1981 PERMITTING AN EIGHTEEN UNIT TOWNHOUSE AND CLUSTER HOUSING DEVELOPMENT AND GRANTING AMENDMENT TO EXISTING SPECIAL PERMIT UNDER SECTION 36-79 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO ALLOW THE EXCAVATION OF APPROXIMATELY 2,500 CUBIC YARDS OF SOIL FOR THE CREATION OF A DRY POND LOCATED AT 5920 26TH STREET WEST FINDINGS WHEREAS, the City of St. Louis Park has made application to the City Council for an amendment to an existing special permit under Section 36-79 of the St. Louis Park Ordinance Code to allow the excavation of approximately 2,500 cubic yards of soil for the creation of a dry pond at 5920 266 Street West within a R3 Two Family Residential Zoning District having the following legal description: Block 1, Lot 33, Shamrock 2nd Addition WHEREAS, the City Council has considered the information related to Planning Case Nos. 81 -14 -SP and 03 -51 -CUP and the effect of the proposed excavation of approximately 2,500 cubic yards of soil for the creation of a dry pond 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 proposed excavation of approximately 2,500 cubic yards of soil for the creation of a dry pond on the Comprehensive Plan; and compliance with the intent of the Zoning Ordinance; and WHEREAS, a special permit was issued to permit an eighteen unit townhouse and cluster housing development regarding the subject property pursuant to Resolution No. 6912 of the St. Louis Park City Council dated August 3, 1981, 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 special permit; and WHEREAS, it is the intent of this resolution to continue and restate the conditions of the permit granted by Resolution No. 6912, to add the amendments now required, and to consolidate all conditions applicable to the subject property in this resolution; WHEREAS, the contents of Case Nos. 81 -14 -SP and 03 -51 -CUP are hereby entered into and made part of the public hearing record and the record of decision for this case. CONCLUSION Resolution No. 03-137 - 2 - NOW THEREFORE BE IT RESOLVED that Resolution No. 6912 (document not filed) is hereby restated and amended by this resolution which continues and amends a special permit to the subject property for the purpose of permitting the excavation of approximately 2,500 cubic yards of soil for the creation of a dry pond within the R3 Two Family Residential District at the location described above based on the following conditions: The special permit to permit an eighteen unit townhouse and cluster housing development at the location described is granted based on the findings set forth above and subject to the following conditions: 1. That the site be constructed, used and maintained in accordance with Exhibit A, Site Plan and Landscape Plan; Exhibit B, Grading and Drainage Plan; and Exhibit C, Sheet 1-3, Elevation Plans with respect to general features only. (amended by condition 8 on 10/7/03) 2. There will be no outdoor storage of trash other than in the trash enclosure as shown on the Site Plan, and said enclosure shall include a self-closing gate. 3. That all driveway parking edges, except for entrances to garages, have a poured -in place concrete curb extending at least six inches above grade except for sidewalk locations. 4. That all open space not occupied by decks, structures, sidewalks or parking or trees or shrubs be sodded. 5. The open space in the central portion of the site, including the wooded tree area, be retained as open space and preserved and maintained by the homeowner's association. (amended by condition 8 on 10/7/03) 6. That all drainage and utility provisions be constructed in accordance with the City's plans, specifications, and subdivision regulations. 7. That all development including buildings, utilities, parking lot, garages, landscaping, curbing, and other items as contained in the exhibits be completed by October 15, 1982. 8. The special permit shall be amended on October 7, 2003 to allow creation of a dry pond in the open space area, to incorporate all of the preceding conditions and add the following conditions: a. The Special Permit official exhibits shall be amended to include new grading and landscape plans; such documents incorporated by reference herein. b. Haul routes for the dry pond excavation shall be as follows: 26th St. W. — Vernon Ave. — 27th St. W — Hwy 100. c. The hours of operation shall be limited to the hours between 7:00 a.m. and 5:00 p.m. on weekdays and 9:00 am and 5:00 p.m. on Saturdays. d. Prior to beginning site work, the applicant and owner shall sign the approved official exhibits. • o Resolution No. 03-137 - 3 - e. The site must be watered regularly for dust control and streets must be kept clean throughout hauling routes. f. The City shall ensure that the contract addresses dust control and repair/cleaning of public streets. g. New trees shall be planted as soon as practical in accordance with the approved landscape plan. Under the Zoning Ordinance, this permit shall be revoked and cancelled if the building or structure for which the conditional use permit is granted is removed. Reviewe. for Administration: Adopted by the City Council October 7, 2003 Ci - anager Attest: ' y Clerk Maor x 2/-z, RESOLUTION NO. 03-137 Amends and Restates Resolution No. 6912 3877686 A RESOLUTION AMENDING AND RESTATING RESOLUTION NO. 6912 ADOPTED ON AUGUST 3, 1981 PERMITTING AN EIGHTEEN UNIT TOWNHOUSE AND CLUSTER HOUSING DEVELOPMENT AND GRANTING AMENDMENT TO EXISTING SPECIAL PERMIT UNDER SECTION 36-79 OF THE ST. LOUIS PARK ® ORDINANCE CODE RELATING TO ZONING TO ALLOW THE EXCAVATION OF , —;APPROXIMATELY,2,500.CUBIC YARDS ;OF SOIL FOR THE CREATION OF A DRY POND, LOCATED AT 5920 26TH STREET WEST FINDINGS WHEREAS, the City of St. Louis Park has made application to the City Council for an amendment to an existing special permit under Section 36-79 of the St. Louis Park Ordinance Code to allow the excavation of approximately 2,500 cubic yards of soil for the creation of a dry pond at 5920 26th Street West within a R3 Two Family Residential Zoning District having the following legal description: Block 1, Lot 33, Shamrock 2nd Addition WHEREAS, the City Council has considered the information related to Planning Case Nos. 81 -14 -SP and 03 -51 -CUP and the effect of the proposed excavation of approximately 2,500 cubic yards of soil for the creation of a.dry pond on the health, safety, and welfare of the occupants of the surrounding lands, existing arid anticipated traffic conditions, the effect on values of properties in the surrounding area and the, effect of the proposed excavation of approximately 2,500 cubic, yards _of soil for _the , creation. of a dry pond' on the Comprehensive • Plan;' arid'compliarice,with the;intent of the `Zoning Ordinance; and • Resolution No. 03-137 - 2 - WHEREAS, a special permit was issued to permit an eighteen unit townhouse and cluster housing development regarding the subject property pursuant to Resolution No. 6912 of the St. Louis Park City Council dated August 3, 1981, 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 special permit; and WHEREAS, it is the intent of this resolution to continue and restate the conditions of the permit granted by Resolution No. 6912, to add the amendments now required, and to consolidate all conditions applicable to the subject property in this resolution; WHEREAS, the contents of Case Nos. 81 -14 -SP and 03 -51 -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. 6912 (document not filed) is hereby restated and amended by this resolution which continues and amends a special permit to the subject property for the purpose of permitting the excavation of approximately 2,500 cubic yards of soil for the creation of a dry pond within the R3 Two Family Residential District at the location described above based on the following conditions: The special permit to permit an eighteen unit townhouse and cluster housing development at the location described is granted based on the findings set forth above and subject to the following conditions: 1. That the site be constructed, used and maintained in accordance with Exhibit A, Site Plan and Landscape Plan; Exhibit B, Grading and Drainage Plan; and Exhibit C, Sheet 1-3, Elevation Plans with respect to general features only. (amended by condition 8 on 10/7/03) 2. There will be no outdoor storage of trash other than in the trash enclosure as shown on the Site Plan, and said enclosure shall include a self-closing gate. 3. That all driveway parking edges, except for entrances to garages, have a poured -in place concrete curb extending at least six inches above grade except for sidewalk locations. 4. That all open space not occupied by decks, structures, sidewalks or parking or trees or shrubs be sodded. 5.The open space in the central portion of the site, including the wooded tree area, be retained as open space and preserved and maintained by the homeowner's association. (amended by condition 8 on 10/7/03) Resolution No. 03-137 - 3 - 6. That all drainage and utility provisions be constructed in accordance with the City's plans, specifications, and subdivision regulations. 7. That all development including buildings, utilities, parking lot, garages, landscaping, curbing, and other items as contained in the exhibits be completed by October 15, 1982. 8. The special permit shall be amended on October 7, 2003 to allow creation of a dry pond in the open space area, to incorporate all of the preceding conditions and add the following conditions: a. The Special Permit official exhibits shall be amended to include new grading and landscape plans; such documents incorporated by reference herein. b. Haul routes for the dry pond excavation shall be as follows: 26th St. W. — Vernon Ave. — 27th St. W — Hwy 100. c. The hours of operation shall be limited to the hours between 7:00 a.m. and 5:00 p.m. on weekdays and 9:00 am and 5:00 p.m. on Saturdays. d. Prior to beginning site work, the applicant and owner shall sign the approved official exhibits. e. The site must be watered regularly for dust control and streets must be kept clean throughout hauling routes. f. The City shall ensure that the contract addresses dust control and repair/cleaning of public streets. g. New trees shall be planted as soon as practical in accordance with the approved landscape plan. Under the Zoning Ordinance, this permit shall be revoked and cancelled if the building or structure for which the conditional use permit is granted is removed. 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. 03-137 adopted at the St. Louis Park City Council meeting held on October 7, 2003. WITNESS my hand and the Seal of the City of St. Louis Park this 10th day of November, 2003. ,46.€4.. �� Ntre puty City Clerk