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HomeMy WebLinkAbout2022-136 (CUPRequest to Construct Residential Use in Central Business District - 107 3rd St N)City of Stillwater Washington County, Minnesota RESOLUTION 2022-136 CONDITIONAL USE PERMIT REQUEST TO CONSTRUCT RESIDENTIAL USE IN THE CENTRAL BUSINESS DISTRICT AT 107 3RD STREET NORTH WHEREAS, the City of Stillwater received a Conditional Use Permit application from Landucci Homes/Browns Creek West, LLC ("Property Owner/Applicant") property located at 107 3rd St N, legally described on Exhibit A ("the Property") regarding the construction of a 3- Story, 21-Unit Apartment; and WHEREAS, the Property was granted a credit of 40 parking stalls in 2008; and WHEREAS, the Applicant prepared a traffic study that indicated all traffic nodes would operate at acceptable levels of service; and WHEREAS, the proposed apartment appears to conform to all required minimum requirements of Chapter 31 of the Stillwater City Code (the "Zoning Code"); and WHEREAS, the on September 28, 2022, the Planning Commission for the City of Stillwater considered the conditional use permit held a public hearing and took testimony from the public. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves the conditional use permit for the construction of a 3-story, 21-unit apartment. The approval of the conditional use permit is subject to the following conditions: 1. Plans shall be substantially similar to those found on file with CD Case No. 2022-19. 2. Refuse shall be kept inside at all times with the exception of collection day. Refuse containers outside on collection day shall not block the public right-of-way, including the sidewalk. 3. All mechanical units shall be enclosed or screened from public view. 4. Abutting sidewalks must be kept clean of trash, cigarette butts and other forms of debris. 5. All onsite parking spaces shall be assigned to, and leased with, the onsite apartment units. Every unit within the building must be assigned at least one parking stall in the building. 6. Prior to the release of applicable building, grading, right-of-way, and/or obstruction permits from the City, the developer will provide a traffic control plan for review and approval by the City Engineer, including a painted (not curb and gutter) right -in, right -out egress at Myrtle Street or other alternative as recommended by the City Engineer/Public Works Director. 7 Prior to the release of applicable building, grading, right-of-way, and/or obstruction permits from the City, the developer shall enter into an access and maintenance agreement for stormwater requirements. 8. The Stormwater Pollution Prevention Plan is updated to prohibit engine degreasing onsite. 9. The project shall require full review by the Middle St. Croix Watershed Management and approval, and payment of all review fees, will be required prior to issuance of any building or grading permits by the City. 10. Plans and the use will need to be approved by the engineering, fire and building officials before the issuance of a building permit. 11. All changes to the approved plans will need to be reviewed and approved by the Community Development Director. Any major changes will need to go to the decision -making authority in a public hearing. Adopted by the Stillwater City Council this 4th day of October, 2022. ATTEST: Beth Wolf, City Cler CITY OF STILLWATER Ted Kozlowski, Mayor 2 EXHIBIT A Legal Description of the Applicant's Property Parcel A (PID: 2803020420060): West 90 feet of Lot 15, Block 19, Original Town (now City) of Stillwater, Washington County, Minnesota. Parcel B (PID: 2803020420061): West 90 feet of Lot 14, Block 19, Original Town (now City) of Stillwater, Washington County, Minnesota. Parcel C (PID: 2803020420059): The South 45 feet of the West 90 feet of Lot 16, Block 19, Original Town (now City) of Stillwater, Washington County, Minnesota. Parcel D (PID: 2803020420169): The North 5 feet of the West 90 feet of Lot 16, Block 19, Original Town (now City) of Stillwater, Washington County, Minnesota. 3