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HomeMy WebLinkAbout91-140 - ADMIN Resolution - City Council - 1991/07/15RESOLUTION NO. 91-140 A RESOLUTION RESCINDING RESOLUTION NO. 85-187 ADOPTED ON NOVEMBER 18, 1985, AND GRANTING SPECIAL (CONDITIONAL USE) PERMIT UNDER SECTION 14-124.11(2) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING AND APPROVING THE AMENDMENT OR TERMINATION OF DECLARATIONS OF COVENANTS AND RESTRICTIONS TO ALLOW CONVERSION OF SENIOR CITIZEN HOUSING TO MULTIPLE FAMILY HOUSING, AT 4725 MINNETONKA BOULEVARD AND 3025 OTTAWA AVENUE SOUTH. FINDINGS WHEREAS, Park Hill Investment company has made application to the City Council for a special permit under Section 14-124.101(2) of the St. Louis Park Ordinance Code to allow conversion of senior citizen housing to multiple family housing at 4725 Minnetonka Boulevard and 3025 Ottawa Avenue within a PUD, Planned Unit Development District having the following legal description: Lots 1 to 6 inclusive,and Lot 9 and Lot 10, including that part of the East 7 feet of the adjoining vacated alley lying between the extensions across it of the North and South lines of said Lot 10, Block 1, "Mazey & Langan's Addition to St. Louis Park", according to the recorded plat thereof. That part of the North 363 feet of the Northeast Quarter of the Northeast Quarter of the Northwest Quarter of Section 6, Township 28, Range 24, lying West of the West line of Lots 4 to 9 inclusive, Block 1, "Mazey & Langan's Addition to St. Louis Park", and the extensions of the West lines of said Lots 4 and 9, and lying East of the extension North of the most Westerly line of said Block 1, except that part thereof which lies westerly and northerly of the following described line: Beginning at a point on the west line of said tract distant 210.0 feet south of the north line of said Northwest Quarter as measured along said line; thence run east at right angles to said line along a line hereinafter referred to as Line A for a distance of 7.1 feet; thence run north to a point distant 17.7 feet east of a point on said west line distant 51.5 feet south of the north line of said Northwest Quarter as measured along said west line; thence run northeasterly to a point distant 37 feet east of the west line of said tact and 33 feet south of the north line of said Northwest Quarter; thence run east parallel with the north line of said tract to the east line thereof and there terminating, and except that part of the West 10 feet of the above described property lying Southerly of said Line A and its Easterly extension. Also Lots 7, 8, 20 and 21 and vacated alley adjacent to Lots 9, 11, 20 and 21 in said block 1. WHEREAS, the City Council has considered the effect of the proposed conversion of senior citizen housing on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, the effect on values of properties in the surrounding area and the effect of the use on the Comprehensive Plan; and WHEREAS, a special permit was issued regarding the subject property pursuant to Resolution No. 85-187 of the St. Louis Park City Council dated November 18, 1985 which contained conditions applicable to said property; and WHEREAS, Park Hill Investment Company is seeking to refinance the debt on the property at a lower interest rate to allow rents to be stabilized, tax expenses to be reduced and a repair and replacement reserve to be established; and WHEREAS, FHA financing that is available to refinance the debt as a lower interest rate requires that use of the property be allowed by other than senior citizens; and WHEREAS, over 95% of the occupants of dwelling units on the property are occupied by senior citizens; and WHEREAS, Park Hill Investment Company has expressed their intention to continue to provide housing for senior citizens; and WHEREAS, it is the intent of this resolution to continue and restate the conditions of the permit granted by Resolution No. 85-187 to add the amendments now required, and to consolidate all conditions applicable to the subject property in this resolution; CONCLUSION NOW THEREFORE BE IT RESOLVED that Resolution No. 85-187 filed as Document No. 1686814 is hereby rescinded and replaced by this resolution which continues and amends a special permit to the subject property for the purposes of permitting conversion of senior citizen housing to multiple family housing within the PUD, Planned Unit Development -District at the location described above based on the following conditions: 1. The site shall be developed, used and maintained in accordance with Exhibit A - Site Plan; Exhibit B - Landscape Plan; Exhibit C - Plant Schedule; Exhibit D - Elevations, North and South; and Exhibit E - Elevations, East and West, subject to the following conditions. (Exhibits are on file in the City Development Department at the City of St. Louis Park.) 2. That use of the property be for 134 units of senior citizen housing (64 units in the north building and 70 units in the south building) and a total of 7,000 square feet of gross floor area for office use (4,000 square feet in the north building and 3,000 square feet in the south building). (Condition No. 2 replaced with Condition No. lla below) 3. That all outdoor lighting be directed perpendicular to the ground and be not higher than 15 feet off the ground. 4. That the applicant agree to cooperate with the City in redesign of walkway and overhead utilities on Minnetonka Boulevard including dedication of an additional 5 feet for sidewalk purposes. 5. That the site be served with underground utilities. 6. That the applicant may adjust the location of the sidewalk on Ottawa to improve the design and to accommodate other changes. 7. That a covenant designating the use of the property for 134 units of senior citizen housing and 7,000 square feet of office be filed with the County prior to issuance of a construction permit. (Condition No. 7 is deleted - see Condition No. llb below) 8. That the name sign on Ottawa Avenue be located at least 15 feet from the lot line and contain no more than 30 square feet. 9. That all improvements including building, landscaping, parking and other items as designated on the exhibits be completed by May 15, 1985. 10. That up to 7 units of conventional residential apartments be permitted subject to submission of semi-annual reports as described in the following conditions: a. That on or before June 30 and December 31 of each year, the owners of the subject property or their representatives shall submit to the City certified copies of the occupants by unit and their age specifying whether or not they are over or under 60 years of age. The applicant and its successors and assigns agree that the City has the right, during the term of the subject special permit, to inspect the building to determine compliance with the zoning ordinance and the approved special permit. b. That the covenant referred to in Condition No. 7 may be modified designating the use of the property for 134 units of senior citizen housing (of which up to 7 may be conventional apartment units) and 7,000 square feet of office. 11. (Condition No. 10 a and b is deleted - see Condition llc below) Resolution No. 85-187 is hereby amended as follows: a. Condition No. 2 above shall be amended to read as follows: That use of the property be for 134 units of multiple family housing (64 units in the north building and 70 units in the south building) and a total of 7,000 square feet of gross floor area for office use (4,000 square feet in the north building and 3,000 square feet in the south building) b. Condition No. 7 above shall be deleted. c. Condition No. 10 a and b above shall be deleted. BE IT FURTHER RESOLVED, that the City of Ss. Louis Park hereby consents to an amendment or a termination of that certain DECLARATION OF COVENANTS AND RESTRICTIONS, on the property dated December 20, 1983, to allow the property to be used for multiple family housing and hereby authorizes the Mayor and City Manager to execute documents necessary to so amend or terminate the DECLARATION OF COVENANTS AND RESTRICTIONS. ATTEST: Reviewed for administration: City Manager PARKHILL:RES4 Adopted by the City Council July 15, 1991 6,) i d„,.,4, Approved as to form and execution: StIA MI pug City Attorney