04-0511R

RESOLUTION GRANTING CONDITIONAL APPROVAL TO A SPECIAL USE PERMIT REQUEST BY DAVID BELL OF FREEDOM DEVELOPMENT AND CONSULTING, INC., FOR A LOW DENSITY PLANNED DEVELOPMENT ON PROPERTY LOCATED AT 9320 GRAND AVENUE.

BY COUNCILOR GILBERT:

WHEREAS, David Bell of Freedom Development and Consulting, Inc., has submitted to the city council a request for a special use permit for a low density planned development on property described as Section 26, Township 49, Range 15, that part of Lot 4 and of NW1/4 of SW1/4 lying north of the Spirit Lake Transfer Railway and east of 93rd Avenue West and Arbor Street, and located at 9320 Grand Avenue; and said permit application was duly referred to the city planning commission for a study, report and public hearing and the city planning commission has subsequently reported its recommendation of conditional approval to the city council; and

WHEREAS, the city council finds that the conditions contained in this resolution address the shortcomings identified by the city planning commission's findings of inadequacies in the submitted documents and that with the conditions contained herein, appropriate safeguards will exist to protect the comprehensive plan and to conserve and protect property values in the neighborhood if said conditions are observed.

NOW, THEREFORE, BE IT RESOLVED, that a special use permit is hereby granted to David Bell of Freedom Development and Consulting, Inc., to allow the operation of a low density planned development, consisting of 45 residential units on 20.4 acres of property located at 9320 Grand Avenue, lying south of Hulett Avenue, east of Grand Avenue and 93rd Avenue West, north of Arbor Street, and west of the St. Louis River, on the condition that the project be developed consistent with the plans entitled Westwood Heights, as submitted by RHA Architects, Inc., and as identified as Public Document No. ________ and subject to the following terms and conditions:
(a) That prior to the issuance of any construction permits, the following must be approved in writing by the secretary of the planning commission:
(1) A landscaping and planting schedule;
(2) A complete delineation of wetlands submitted to the department of planning and development for review, and recommendation with the final result being compliance with Chapter 51 of the City Code and the Wetland Conservation Act;
(b) That prior to the issuance of any construction permits, the following must be approved in writing by the city engineer:
(1) A stormwater management plan;
(2) Street design plans;
(c) That prior to the issuance of any construction permits, the following must be approved in writing by the city fire marshal:
(1) Placement of fire hydrants;
(2) Fire lane/firefighting access to all structures;
(d) That prior to the issuance of any construction permits, the necessary Minnesota pollution control agency permits must be secured.


STATEMENT OF PURPOSE:  This resolution grants a special use permit to David Bell and Freedom Development and Consulting to allow the operation of a "low density planned development," on property located at 9320 Grand Avenue, lying south of Hulett Avenue, east of Grand Avenue and 93rd Avenue West, north of Arbor Street, and west of the St. Louis River. The proposal is to build a low density planned development consisting of 45 residential units and four outlots on 20.4 acres. The proposal calls for eight patio homes, 20 courtyard zero-lot homes and 17 single-family units.

The planning commission recommended unanimous approval of this resolution at its regular meeting on July 13, 2004. The commissioners based the recommendation on the following findings:
(a) This is an infill development in an existing residential neighborhood;
(b) This will provide additional housing opportunities for current and future residents;
(c) This development provides protection for wetlands, streams, steep slopes and an old pine forest area.

Date application received:  May 11, 2004
Action deadline:  September 8, 2004