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Home My WebLink About89-90 - ADMIN Resolution - City Council - 1989/07/10t RESOLUTION NO. 89-90 A RESOLUTION OF FINDINGS REGARDING THE APPLICATION OF DARREL A. FARR DEVELOPMENT CORPORATION FOR A SPECIAL PERMIT UNDER SECTION 14-124(2)(A) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT A 104 UNIT MULTI -FAMILY APARTMENT BUILDING FOR PROPERTY LOCATED IN THE DDD, DIVERSIFIED DEVELOPMENT DISTRICT, AND F-2, FLOODPLAIN DISTRICT, AT 6013, 6019, 6026, AND 6101 CEDAR LAKE ROAD BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota 1. On May 10, 1989, Darrel A. Farr Development Corporation filed an application seeking a special permit to permit a 104 unit multi -family apartment building for property located in the DDD, Diversified Development District , and F-2, Floodplain District, at 6013, 6019, 6025, and 6101 Cedar Lake Road for the following legal description, to wit: That part of Government Lot 7 in Section 4, Township 117 North, Range 21 West of the 5th Principal Meridian, lying south of Cedar Lake Road, described as follows: Commencing at an iron stake at the intersection of the Southerly boundary line of said road with the East line of said Lot; which stake is distant 528.4 feet from the Southeast corner of said Lot, at which Southeast corner is an iron stake: thence Westerly a distance of 220 feet to an iron stake in the Southerly boundary line of said road; thence Westerly a distance of 200 feet to an iron stake in the Southerly boundary line of said road; thence South 25 degrees 28 minutes 30 seconds East 218.2 feet to a point which is marked by a Judicial Landmark; being distant 240.1 feet Northwesterly and on a line bearing North 7 degrees 13 minutes 30 seconds West from a point 260 feet West along the South line of said Government Lot 7 from the Southeast corner; thence West along the South line of said Government Lot 7, to a point distant 610 feet West of the Southeast corner of said Government Lot 7; thence Northwesterly to a point in the Southerly line of Cedar Lake Road, distant 350 feet along said Road line from the point of beginning; thence Northeasterly along said Road line to the point of beginning. 2. On May 17, 1989 the Planning Commission reviewed the request and recommended denial of the special permit on a vote of 6-0. 3. On June 19, 1989 the City Council held a public hearing, received testimony from the public, discussed the application, closed the public hearing and authorized preparation of a resolution of denial on a vote of 7-0. 4. Based on the testimony, evidence presented, and files and records, the City Council makes the following findings of fact: The City Council hereby finds that the proposed 104 unit apartment building will conflict with the stated purposes and policies of the Diversified Development District (DDD), will be inconsistent with City Ordinance requirements for development in the DDD and will be detrimental to adjacent single family t residential development. The Purpose section of the DDD Guide Plan states in pertinent part, "The DDD is intended to protect uses within and adjacent to the District." Specifically, the City Council makes the following fmdings: a. The height and bulk of the proposed building are excessive in relation to the existing single family homes across the street, including but not limited to, the proposed buildings' shadows impinging upon the homes across the street and the stated opposition of adjacent property owners. This is inconsistent with Policy 5 of the DDD Guide Plan which requires residential development to be sensitive to building mass and form. b. The Zoning Ordinance requirement for off-street parking of 208 stalls is not met, as the building plans show only 198 stalls. c. This development proposal will have an adverse -impact on the adjoining office park because the proposed emergency access will eliminate required off-street parking for the office park. d. Development of' the site will result in an excessive loss of mature trees on the site which is in conflict with Policy 1 in the DDD Guide Plan. e. The proposed density of the project (33.01 dwelling units per acre) is substantially greater than the density (15.6) of an existing housing development abutting the same wetland as the proposed development, which existing housing development is the only otherihousing development in the DDD and does not abut or otherwise directly relate to single family homes. f. The dedication of additional right-of-way for Cedar Lake Road, as requested by Hennepin County and related to the impact of this development will reduce the available landscaped area and will reduce the screening and buffering effect on the single family homes across Cedar Lake Road from the proposed building. The exterior building materials on the upper level of the proposed building, consisting of one-half inch thick brick glued to plywood panels, does not meet fire rating requirements of the Building Code. h. The exterior building materials on the upper level of the building are of lesser desirability and will deteriorate more rapidly than a full brick veneer and will result in a violation of the City's Architectural Control Ordinance (Section 15- 222 of the City Code of Ordinances) which states in pertinent part. " The Director of Inspectional Services, therefore, except in accordance with Section 15-223 of this ordinance, shall not issue a building permit for any structure for which a building permit is required if the proposed structure shall have a front or side abutting a public street which contains exterior facing materials which are not of a permanent nature or have a tendency to deteriorate rapidly, or which for any reason are or quickly become unsightly in appearance." The proposed project does not meet the requirements for usable open space as required by the Zoning Ordinance. The ordinance requires a minimum of 41,600 square feet of usable open space. The applicant has stated that 42,367 g• square feet of usable open space would be provided, but the 9,400 square feet of open space having a minimum dimension of 20 feet does not meet the ordinance definition for usable open space. As a result, the figures supplied by the applicant shows only 32,967 square feet of usable open space. Staff has made its own calculation and has determined that approximately 29,682 square feet of usable open space will be provided. 5. The contents of Planning Case File 89 -26 -SP are hereby entered into and made part of the public hearing record and the record of decision for this case. CONCLUSION The applicant's request for a special permit for a 104 unit multi -family apartment building at 6013, 6019, 6025, and 6101 Cedar Lake Road is hereby denied based on the findings set forth above. ATTEST: Reviewed for administration: `it (40/69,1 City Manager 1 Adopted by the City Council July 10, 1989 Approved as to form and execution: