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HomeMy WebLinkAbout04-114 - ADMIN Resolution - City Council - 2004/09/20RESOLUTION NO. 04-114 Amends and Restates Resolution No. 02-094 A RESOLUTION AMENDING AND RESTATING RESOLUTION NO. 02- 094 ADOPTED ON SEPTEMBER 3, 2002 AND GRANTING AMENDMENT TO EXISTING CONDITIONAL USE PERMIT UNDER SECTION 36-367 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO ALLOW INCREASED BUILDING HEIGHT, REVISED SITE AND BUILDING LAYOUT AND A CHANGE FROM RENTAL TO OWNER OCCUPIED FOR THE RESIDENTIAL PORTION OF MIXED- USE/RESIDENTIAL-OFFICE DEVELOPMENT AT 1155 FORD ROAD FINDINGS WHEREAS, Stonebridge Development, has made application to the City Council for an amendment to an existing conditional use permit under Section 36-367 of the St. Louis Park Ordinance Code to allow increased building height, revised site and building layout and a change from rental to owner occupied for the residential portion of mixed-use/residential-office development at 1155 Ford Road within a C-2 General Commercial Zoning Distnct having the following legal descnption: That part of the South 2 acres of the East 10 rods of the East 1/2 of the West 1/2 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. WHEREAS, the City Council has considered the information related to Planning Case Nos 02 -40 -CUP, 02 -41 -VAR, and 04 -40 -CUP and the effect of the proposed revisions 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 compliance with the intent of the Zoning Ordinance; and WHEREAS, a conditional use permit was issued regarding the subject property pursuant to Resolution No. 02-094 of the St. Louis Park City Council dated September 3, 2002 which contained conditions applicable to said property; and WHEREAS, due to changed circumstances, amendments to those conditions are now necessary, requinng 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. 02-094, to add the amendments now required, and to consolidate all conditions applicable to the subject property in this resolution; WHEREAS, the development proposal approved by Resolution No. 02-094 has not been constructed, but the conditional use permit has been extended and is still valid; Resolution No. 04-114 - 2 — R WHEREAS, the contents of Case No. 04 -40 -CUP are hereby entered into and made part of the public heanng record and the record of decision for this case. CONCLUSION NOW THEREFORE BE IT RESOLVED that Resolution No. 02-094 filed as Document No. 7824880 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 increased building height, revised site and building layout and a change from rental to owner occupied for the residential portion of the mixed use/residential-office development within the C-2 General Commercial District at the location descnbed above based on 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. Prior to issuance of any building permits, which may impose additional requirements, the developer shall comply with the following: a. Building material 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 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. 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. �iPitln, ,s -4A Resolution No. 04-114 - 3 — 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. Pnor 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. Pnor 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. 9. The conditional use permit shall be amended on September 20, 2004 to incorporate all of the preceding conditions and add the following conditions: a. The site shall be developed, used and maintained in accordance with the revised exhibits, such documents incorporated by reference herein b. The site and landscape plan shall be revised to show the location of the freestanding sign to comply with the five-foot setback requirement In addition to any other remedies, the developer or owner shall pay an administrative fee of $750 per violation of any condition of this approval. 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. Assent form and official exhibits must be signed by applicant (or applicant and owner if applicant is d -rent from owner) pnor to issuance of building permit. Re d for Administration Adpt-• by the City Council September 20, 2004 111 City City M 7 a Attest: w • • TRANSFEREE) ENTERED N2NNEPIN COUNTY TAXPAYER SERVICES BY DEC 0 2 2004 RESOLUTION NO. 04-114 1111 1 NIA 1 1 1 iii Doc No 8488769 12/10/2004 0;1 43 PM Certified filed and or recorded on above date Office of the County Recorder Hennepin County, Minnesota Michael H Cunniff, County Recorder Deputy 3 TranslD 79761 Fees $15 00 DOC $4 50 SUR $5 00 MAIL $24 50 Total Amends and Restates Resolution No. 02-094 A RESOLUTION AMENDING AND RESTATING RESOLUTION NO. 02 094 ADOPTED ON SEPTEMBER 3, 2002 AND GRANTING AMENDMENT TO EXISTING CONDITIONAL USE PERMIT UNDER SECTION 36-367 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO ALLOW INCREASED BUILDING HEIGHT, REVISED SITEAND BUILDING LAYOUT AND A CHANGE FROM RENTAL. TO OWNER OCCUPIED'FOR THE RESIDENTIAL PORTION OF MIXED-USE/RESIDENTIAL-OFFICE' DEVELOPMENT AT 1155 FORD ROAD FINDINGS WHEREAS, Stonebndge Development, has made application to the City Council for an amendment to an existing conditional use permit under Section 36-367 of the St. Louis Park, Ordinance Code to allow increased building height, revised site and building layout and a ; change from rental to owner occupied for the residential portion of mixed-use/residential-office development at 1155 Ford Road within a C-2 General Commercial Zoning Distnct having the following legal description. That part of the South 2 acres of the East 10 rods of the East 'A of the West' 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: •Resolution No. 04-114 -2— WHEREAS, the City Council has considered the information related to Planning Case Nos. 02 -40 -CUP, 02 -41 -VAR, and 04 -40 -CUP and the effect of the proposed revisions 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 compliance with the intent of the Zoning Ordinance; and WHEREAS, a conditional use permit was issued regarding the subject property pursuant to Resolution No. 02-094 of the St. Louis Park City Council dated September 3, 2002 which contained conditions applicable to said property; and WHEREAS, due to changed circumstances, amendments to those conditions are now necessary, requinng 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. 02-094, to add the amendments now required, and to consolidate all conditions applicable to the subject property in this resolution; WHEREAS, the development proposal approved by Resolution No. 02-094 has not been constructed, but the conditional use permit has been extended and is still valid; WHEREAS, the contents of Case No. 04 -40 -CUP are hereby entered into and made part of the public heanng record and the record of decision for this case. • CONCLUSION NOW THEREFORE BE IT RESOLVED that Resolution No. 02-094 filed as Document No 7824880 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 increased building height, revised site and building layout and a change from rental to owner occupied for the residential portion of the mixed use/residential-office development within the C-2 General Commercial Distnct at the location descnbed above based on 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. Prior to any site work, the developer shall meet the following requirements: a. A copy of the Watershed District permit shall be forwarded to the City. b. Any other necessary permits from other agencies shall be obtained. y i - • Resolution No. 04-114 - 3 — 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 pnvate 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 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. 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. Pnor 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 Pnor 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. 9. The conditional use permit shall be amended on September 20, 2004 to incorporate all of the preceding conditions and add the following conditions: a. The site shall be developed, used and maintained in accordance with the revised exhibits, such documents incorporated by reference herein. b The site and landscape plan shall be revised to show the location of the freestanding sign to comply with the five-foot setback requirement. In addition to any other remedies, the developer or owner shall pay an administrative fee of $750 per violation of any condition of this approval. -Resolution No. 04-114 - 4 — 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. Assent form and official exhibits must be signed by applicant (or applicant and owner if applicant is different from owner) prior to issuance of building permit. STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF ST LOUIS PARK ) ss 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. 04-114 adopted at the St. Louis Park City Council meeting held on September 20, 2004. WITNESS my hand and the Seal of the City of St. Louis Park this 15th day of November, 2004. Nancy J. Strot puty City Clerk Nancy J. Strot puty City Clerk