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HomeMy WebLinkAboutResolution 7677 RESOLUTION NO. 7677 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RE- APPROVING THE "SELECT SENIOR LIVING" FINAL PLAT, DEVELOPMENT AGREEMENT, CONDITIONAL USE PERMIT AND DEVELOPMENT REVIEW; MOUNDS VIEW PLANNING CASE NOS. MA2008 -002, CU2008 -001, DE2008 -001 WHEREAS, Joel Larson, representing Select Senior Living, has requested re- approval of the Final Plat, Development Agreement, Conditional Use Permit and Development Review for the "Select Senior Living" project on three properties legally described as follows: Lot 49, Auditor's Subdivision Number 89, Subject to a 5 foot strip easement along the rear line for public utility use, Ramsey County Minnesota (PIN 063023310030) And, That part of Lot 48, Auditors Subdivision Number 89 lying South of the North 300 feet front and rear thereof, except that portion taken for the highway right of way purposes. Subject to restrictions contained in Document Number 238161, Ramsey County, Minnesota (PIN 063023310029) And, The South 150 feet of the North 300 feet, front and rear of Lot 48, Auditors Subdivision Number 89, including any portion of any street of alley adjacent thereto, vacated or to be vacated, together with all road privileges, easements and appurtenances thereto attached, Ramsey County, Minnesota (PIN 063023310028) WHEREAS, The above described lands are zoned R -4, High Density Residential; and, WHEREAS, Select Senior Living submitted a Final Plat, date stamped October 23, 2008, for the major subdivision which combines three lots into one parcel; and, WHEREAS, in accordance with Section 1204.04, Subd. 4, the subdivision is subject to a park dedication fee which would be equivalent to 10% of the assessed value of the project area and a County Highway 10 Trail Contribution; and, WHEREAS, the grading and drainage plan has been reviewed and approved by the City Engineering consultant and the Rice Creek Watershed District has given conditional approval; and, Resolution 7677 Page 2 WHEREAS, the Mounds View City Council has reviewed the following documents regarding this proposal: 1. Preliminary Plat 2. Zoning Map 3. Site Plan, dated September 4, 2008 4. Grading, Utility Landscape Plans, dated September 18, 2008 5. Planning Commission Resolutions 891 -08, 892 -08 and 893 -08 6. Resolution 7321, Approved September 8, 2008 7. Ordinance 813, Adopted on October 27, 2008 8. Development Agreement 9. Final Plat, dated October 23, 2008 10. Resolution 7347, Approved October 27, 2008 WHEREAS, on August 25, 2008 and September 8, 2008, the Mounds View City Council held a duly noticed public hearing about this development and major subdivision and passed Resolution 7321 that approved the "Select Senior Living" preliminary plat; and, WHEREAS, the City attorney and City engineering consultant have reviewed the final plat and finds it to be in conformance with all applicable sections of the Mounds View Municipal Code, subject to the conditions and requirements contained in this Resolution; and, WHEREAS, on September 8, 2008, the Mounds View City Council passed Resolution 7321 which approved a conditional use permit and a development review for the "Select Senior Living" project; and, WHEREAS, the applicant was not able to construct the project within the required one year due to issues beyond their control, which caused the conditional use permit approval to become null and void; and, WHEREAS, October 27, 2008, the Mounds View City Council passed Resolution 7347 which approved the final plat and development agreement for the "Select Senior Living" subdivision; and, WHEREAS, the applicant was not able to record the plat within the required 120 days due to issues beyond their control, which caused the final plat and development agreement approval to become null and void; and, WHEREAS, on July 13, 2009, October 26, 2009, February 22, 2010 and June 14, 2010, the Mounds View City Council re- approved the final plat and development agreement for the project for an additional 120 days. Resolution 7677 Page 3 NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council, having previously approved the Preliminary Plat and Final Plat, Conditional Use Permit and Development Review, re- approves the Final Plat, Development Agreement, Conditional Use Permit and Development Review for the "Select Senior Living" development, subject to stipulations as follows: 1. Prior to the Final Plat execution, Select Senior Living shall pay to the City a park dedication fee in the amount of $32,150.00, and a County Highway 10 Trail Contribution in the amount of $8,040. 2. Select Senior Living shall enter into the Development Agreement with the City and said document shall be recorded with Ramsey County. 3. Select Senior Living shall obtain approval from Rice Creek Watershed District and the Minnesota Pollution Control Agency, Metropolitan Council Environmental Services, MN Department of Health, MN Pollution Control Agency, Ramsey County, and the City of Mounds View before construction activity begins. 4. No demolition, grading or construction activity may proceed without the contractor obtaining all necessary permits. 5. All utilities within the development area shall be located underground. 6. The developer or contractor shall obtain the necessary permits for any and all work occurring within the City and County right of way. 7. Select Senior Living shall successfully complete any and all requirements after final review of the final plat by the City Attorney. 8. No snow storage shall be allowed on site that would reduce the number of parking stalls or drive aisle widths, or extend beyond the property lines. 9. Commercial traffic (e.g. deliveries or services) to this senior housing facility are limited to between the hours of 7am and 6pm. 10. The approval contemplated herein is subject to the condition that Select Senior Living must pay for all costs concerning this subdivision incurred by the City Attorney, city consultants, and any other costs of a similar nature. NOW, THEREFORE, BE IT FINALLY RESOLVED that re- approval of this final plat and Development Agreement is subject to recordation with Ramsey County, which shall occur within one hundred twenty (120) days of City Council approval. Within 10 days of the recording, Select Senior Living shall furnish the City with proof of the recording; otherwise, the approval of the final plat shall be void. Resolution 7677 Page 4 Adopted this 11 day of October, 2010. Jo I. 0 •r ATTEST: d64 James Ericson, Clerk Administrator (SEAL)