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HomeMy WebLinkAboutPlanning Commission Resolution 94-83MOUNDS VIEW PLANNING COMMISSION • RESOLUTION NO. 94-83 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF A MINOR SUBDIVISION, REZONING, CONDITIONAL USE PERMIT AND DEVELOPMENT PROPOSAL FOR DYNAMIC DESIGNERS WHEREAS, Mr. Jim Cepress and Mr. Art Fretag of Dynamic Designers have requested approval to construct an 8 -unit condominium at 7656 Woodlawn Drive; and WHEREAS, the location of this property and proposed building lie within a designated wetland zoning district; and WHEREAS, Chapter 48 of the Mounds View Municipal Code governs development within wetland buffer areas; and WHEREAS, the lot upon which this proposed building is to be located also lies within a designated flood plain; and • WHEREAS, Chapter 49 of the Mounds View Municipal Code governs development within the flood plain area; and WHEREAS, both Chapters 48 and 49 allow development within buffer and flood plain area, respectively, under certain conditions; and WHEREAS, the development as proposed would require approval of the following: 1) A minor subdivision combining the two lots into one. 2) A rezoning from R-3 to R-4. 3) A wetlands alteration permit. 4) A conditional use permit to allow the filling of a portion of the flood plain. 5) The following variances: a) Building side yard setback of 6 feet; b) Building front yard setback of 7 feet; c) Parking area curbing setback of 4 feet; • d) Variance be setback to the requirement at least 100 feet that all structures from the wetland; and RESOLUTION NO. 94-83 Page Two • WHEREAS, the Planning Commission has adopted Resolution No. 93-83 approving the four variances listed above contingent upon the City Council approving the minor subdivision combining the two existing lots into one; and WHEREAS, since only one principal building is allowed per lot and in order for Chapter 48 to apply, the combination of the two existing lots into one is necessary; and WHEREAS, since the existing zoning of the property is R-3, Medium Density Residential, a rezoning to R-4, High Density Resi- dential, is required for the proposed use; and WHEREAS, a rezoning is being recommended since the intended use of the property is consistant with the Comprehensive Plan designation; and WHEREAS, the requirements of Chapter 49A relating to on-site storage of water have been met, according to the City Engineer; NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends to the City Council approval of a minor subdivision combining the two lots under consideration into • one; BE IT FURTHER RESOLVED that the Planning Commission recommends to the City Council approval of a rezoning of the property from R-3, Medium Density Residential to R-4, High Density Residential; BE IT FURTHER RESOLVED that the Planning Commission also recommends to the City Council that a conditional use permit be granted for the filling of a portion of the flood plain, since the proposed filling will not alter the flood height by a measur- able amount; BE IT FURTHER RESOLVED that the Planning Commission also recommends to the City Council that the following items be included with the wetlands alteration permit: 1) Conveyance of an easement over the area within the 903 contour for drainage purposes. 2) Discharge criteria as outlined in 48.06, Subdivision 3(c) paragraphs 3, 4, 5 and 6. 3) A time limit be set for the completion of the project, in no event to exceed 12 months from the date of issuance of the permit. i RESOLUTION NO. 94-83 Page Three • 4) Temporary site disruption shall be allowed to occur generally within the area 15 feet beyond the building edge (as shown on revised site plan dated 8/16/83) provided that these areas be restored to the existing or better condition immediately following the time where the use of this area is necessary for buiding construction. 5) A density credit of 4.35 units be granted for the development. 6) The covenants for the property owners association shall clearly set out the amount and type of use and maintenance that will be allowed within the wetland (below the 903 contour). BE IT FURTHER RESOLVED that the Planning Commission also recommends to the City Council that the development agreement include the following: 1) Performance and maintenance of all drainage structures to be the owner's responsibility. 2) Plan shall show location of emegency overflow for • Parking area. 3) The wetland area below the 903 contour be protected during the construction period based upon the City Engineer and Rice Creek Watershed District require- ments, with the exception of the 15 foot area desig- nated for temporary construction activities. In the temporary construction areas, protection of the wetland shall occur at the edge of this 15 foot distance immediately adjacent to the wetland. 4) A landscape plan which includes earth berming along the Wood.lawn Drive boulevard. 5) That securities be submitted to cover all development agreement items, specifically, wetland protection, maintenance of drainage facilities and all other site improvements listed in this resolution. 6) Building shall be flood -proofed below elevation 905 per State Building Code requirements. BE IT FURTHER resolved that the Planning Commission recommends to the Parks and Recreation Commission that ten per- cent of the wetland area easemented be applied to the park fund • dedication required for this subdivision; RESOLUTION NO. 94-83 Page Four BE IT FURTHER RESOLVED that the Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 7th day of September, 1983. 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