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HomeMy WebLinkAbout05-061 - ADMIN Resolution - City Council - 2005/04/18II RESOLUTION NO. 05- 061 A RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTIONS 36-166(d)(1) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT A MULTIPLE -FAMILY DWELLING FOR PROPERTY ZONED R-4 MULTIPLE FAMILY RESIDENCE DISTRICT LOCATED AT 3270 GORHAM AVENUE BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings WHEREAS, Mendota Homes, Inc. has made application to the City Council for a Conditional Use Permit under Section 36-166(d)(1) of the St. Louis Park Ordinance Code for the purpose of permitting the construction of a 75 unit multiple family dwelling within a R-4 Multiple Family Residence District located at 3270 Gorham Avenue, legally descnbed as follows, to -wit. THAT PART OF TRACT A, REGISTERED LAND SURVEY NO 529, COUNTY OF HENNEPIN, LYING NORTHERLY OF A LINE DRAWN FROM A POINT IN THE WESTERLY LINE OF SAID TRACT A DISTANT 109 97 FEET NORTHERLY OF THE SOUTHWESTERLY CORNER THEREOF, AS MEASURED ALONG SAID WESTERLY LINE, TO A POINT IN THE EASTERLY LINE DISTANT 119.10 FEET NORTHERLY OF THE SOUTHEASTERLY CORNER THEREOF, AS MEASURED ALONG SAID EASTERLY LINE LOT 1, BLOCK 9, OAK PARK VILLAGE, HENNEPIN COUNTY, MINNESOTA WHEREAS, The City Council has considered the advice and recommendation of the Planning Commission (Case No. 05 -02 -CUP) and the effect of the proposed building 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. WHEREAS, The Council has determined that the building 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 use is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. WHEREAS, The contents of Planning Case File 05 -02 -CUP are hereby entered into and made part of the public heanng record and the record of decision for this case. Conclusion The Conditional Use Permit to permit the construction of a 75 unit condominium building at the location descnbed is granted based on the findings set forth above and subject to the following conditions. Resolution No. 05-061 -2- A. The site shall be developed, used and maintained in accordance with the conditions of this resolution, the approved Official Exhibits shall be revised prior to signing to meet the recommended conditions, and City Code; documents incorporated by reference herein. B. Pnor to any site work, the developer shall meet the following requirements. 1. Stormwater design details must be submitted and approved by the Public Works Director 2. A copy of the Watershed Distnct and MPCA permits shall be forwarded to the City 3. Obtain the required demolition permit, erosion control permits, utility permits and other permits required by the City, which may impose additional conditions. 4. Any other necessary permits from other agencies shall be obtained. 5. Sign Assent form and official exhibits. 6. Meet conditions of City signing final plat. 7. Specifications for tree protection and erosion control fencing must be submitted and approved by the City Forester. Required tree protection and erosion control fencing must be installed pnor to grading activities. C. Prior to issuance of a building permit, which may impose additional requirements, the applicant shall: 1. Meet all Public Works Department/Utility requirements as recommended by staff. 2. Building and architectural screening matenals samples & colors must be submitted to and approved by Zoning Administrator. 3. Meet any Fire Department emergency access requirements for dunng construction. 4. Provide evidence of recording the plat with the County. D The developer shall comply with the following conditions dunng construction: 1. 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. 2. Loud equipment shall be kept as far as possible from residences at all times. 3. The site shall be kept free of dust and debns that could blow onto neighboring properties. 4. Public streets shall be maintained free of dirt and shall be cleaned as necessary. 5. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of construction on surrounding properties. E. Pnor to issuance of any occupancy permit: 1. Fire lanes shall be in accordance with the signed Official Exhibits. 2. Landscaping and irrigation shall be in accordance with the signed Official Exhibits and approved irrigation plan except that a temporary C of 0 can be issued pnor to completion of landscaping and irrigation improvements provided an irrevocable, automatically renewable letter of credit is submitted in the amount of 125% of all landscaping and irrigation improvements. 3. Exterior building improvements shall be completed in accordance with the signed Official Exhibits and approved matenals and colors except that signs shall be approved as part of a sign plan. 4. Pnor to receiving a Certificate of Occupancy, as -built drawings of the relocated public utilities shall be submitted to and approved by the Public Works Department. Resolution No. 05-061 -3- F. The developer shall provide the required number of replacement trees on site unless off-site trees are approved by the Community Development Director and Parks and Recreation Director and cash -in -lieu of trees have been paid All plant matenals planted on site shall be from sources within 100 miles of the metro area. G. Pnor to the installation of any signs, including temporary signs or new sign faces, a sign plan must be approved by the Zoning Administrator and sign permits must be obtained. H. All roof top equipment must be screened from off site views per Ordinance requirements. I. The developer or property owners(s) shall pay an administrative fine of $750 per violation of any condition of this approval. J. Under the Zoning Ordinance Code, this permit shall be revoked and cancelled if the building or structure for which the conditional use permit is granted is removed. K. Assent form and official exhibits must be signed by applicant (or applicant and owner if applicant is different from owner) pnor to issuance of a building 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. d for Administration: Al City .n.ger May d by the City Council Apnl 18, 20057„,„_ ay r Attest.