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HomeMy WebLinkAbout06-054 - ADMIN Resolution - City Council - 2006/03/06• RESOLUTION NO. 06-054 Amends and Restates Resolution No. 04-114 RESOLUTION AMENDING AND RESTATING RESOLUTION NO. 04-114 ADOPTED ON SEPTEMBER 20, 2004 AND GRANTING AMENDMENT TO EXISTING CONDITIONAL USE PERMIT UNDER SECTION 36- 33 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO ALLOW AN INCREASE IN BUILDING HEIGHT AND CHANGES TO BUILDING MATERIALS AT 1155 FORD ROAD WESTMARKE CONDOMINIUMS FINDINGS WHEREAS, Stonebridge Development, has made application to the City Council for an amendment to an existing conditional use permit under Section 36-33 of the St. Louis Park Ordinance Code to allow an increase in building height and changes to the building's matenals at 1155 Ford Road within a C-2 General Commercial Zoning District having the following legal description. That part of the South 2 acres of the East 10 rods of the East % of the West Y2 of the Northeast '/, Section 1, Township 117, Range 22, which lies Northerly of the Northerly nght-of-way line of U.S. Highway No. 12, and South of a line 67.0 feet North of and parallel to the following described 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, 04 -40 -CUP, and 06 -09 -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 Resolution No. 06-054 -2- WHEREAS, an amendment to the existing conditional use permit was issued regarding the subject property pursuant to Resolution No. 04-114 of the St. Louis Park City Council dated September 20, 2004 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 Nos. 02-094 and 04-114, to add the amendments now required, and to consolidate all conditions applicable to the subject property in this resolution; WHEREAS, the contents of Case No. 02 -40 -CUP, 04-40-CUPand 06 -09 -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. 04-114 filed as Document No. 8488769 is hereby restated and amended by this resolution which continues and amends a conditional use permit to the subject property for the purposes of increasing building height and changing the building matenals within the C-2 General Commercial Distnct at the location described 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 materials 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. 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. 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. Resolution No 06-054 -3- 41110 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 during 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. 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. 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. 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. 10. The conditional use permit shall be amended on March 6, 2006 to incorporate all of the preceding conditions and add the following conditions: a. Revised official exhibits depicting the approved changes to the building height and matenals must be signed by applicant and owner. b. All necessary permits must be obtained prior to starting issuance of the building permit. c. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of construction on surrounding properties. Resolution No. 06-054 -4- 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. Ass- t form and official exhibits must be signed by applicant (or applicant and owner if appli t is different from owner) pnor to issuance of building permit. Rev i `,,ed for Administration I�. Cit ' ager Attest: cur/C t ClerkC(� g Y Adopt) by the City Council March 6, 2006 or, e'4<4 II IOII 1 lll 1 I\l III Doc No 8799144 05/1\9/2006 11 27 AM Certified filed and or recorded on above date Office of the Coun Recorder Hennepin County, innesota Michael H Cunniff, Cou ty Recorder Deputy 5 Transl 220910 Fees RESOLUTION NO. 06-05 $35 50 OC �S 10 50 SUR $46 00 Total Amends and Restates Resolution No. 04-114 RESOLUTION AMENDING AND RESTATING RESOLUTION NO. 04-114 ADOPTED ON SEPTEMBER 20, 2004 AND GRANTING AMENDMENT TO EXISTING CONDITIONAL USE PERMIT UNDER SECTION 36- 33 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO ALLOW AN INCREASE IN BUILDING HEIGHT AND CHANGES TO BUILDING MATERIALS AT 1155 FORD ROAD WESTMARKE CONDOMINIUMS FINDINGS WHEREAS, Stonebridge Development, has made application to the City Council for an amendment to an existing conditional use permit under Section 36-33 of the St. Louis Park Ordinance Code to allow an increase in building height and changes to the building's materials at 1155 Ford Road within a C-2 General Commercial Zoning District having the following legal descnption: That part of the South 2 acres of the East 10 rods of the East ''A of the West '/Z of the Northeast '/, 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, 04 -40 -CUP, and 06 -09 -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 • • Resolution No. 06-054 -2- 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, an amendment to the existing conditional use permit was issued regarding the subject property pursuant to Resolution No. 04-114 of the St. Louis Park City Council dated September 20, 2004 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 Nos. 02-094 and 04-114, to add the amendments now required, and to consolidate all conditions applicable to the subject property in this resolution; WHEREAS, the contents of Case No. 02 -40 -CUP, 04-40-CUPand 06 -09 -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 04-114 filed as Document No. 8488769 is hereby restated and amended by this resolution which continues and amends a conditional use permit to the subject property for the purposes of increasing building height and changing the building matenals within the C-2 General Commercial District at the location described 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 materials 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. 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. 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. Resolution No. 06-054 -3- 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 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 debris that could blow onto neighboring 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 stories 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. 10. The conditional use permit shall be amended on March 6, 2006 to incorporate all of the preceding conditions and add the following conditions: a. Revised official exhibits depicting the approved changes to the building height and matenals must be signed by applicant and owner. b. All necessary permits must be obtained prior to starting issuance of the building permit. 4 ' ' Resolution No. 06-054 -4- • c. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of construction on surrounding properties. • o 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 different from owner) pnor to issuance of building permit STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss CITY OF ST. LOUIS PARK ) The undersigned, being the duly qualified 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. 06-054 adopted at the St. Louis Park City Council meeting held on March 6, 2006. WITNESS my hand and the Seal of the City of St. Louis Park this 25 day of Apnl, 2006. Nancy J. Strot C Clerk