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HomeMy WebLinkAbout01-061 - ADMIN Resolution - City Council - 2001/07/16• RESOLUTION NO. 01-061 RESOLUTION ADOPTING A HOUSING IMPROVEMENT AREA POLICY WHEREAS, Vision St. Louis Park and the City's Comprehensive Plan state the two pnmary housing goals are to provide a balanced and sustainable housing stock and to ensure all housing is safe and well maintained; and WHEREAS, The City Council wishes to preserve and enhance its entire housing stock including single family detached homes, multifamily buildings, condominiums and townhouse structures; and WHEREAS, Cities have statutory authority to establish Housing Improvement Areas for the purpose of assisting condominium and townhouse associations with common element improvements NOW THEREFORE LET IT BE RESOLVED THAT, The City Council of the City of St. Louis Park hereby adopts a Housing Improvement Area Policy (Exhibit A) as a guide for reviewing and processing applicants requesting Home Improvement Area (HIA) financing and to establish the City's position relating to the use of Housing Improvement Area (HIA) financing for private housing improvements. Reviewed for Administration City Manager Attest. Ci Clerk the City Council July 16, 2001 Resolution No. 01-061 -2- EXHIBIT A CITY OF ST. LOUIS PARK DRAFT HOUSING IMPROVEMENT AREA POLICY 1. PURPOSE 1 01 The purpose of this policy is to establish the City's position relating to the use of Housing Improvement Area (HIA) financing for private housing improvements. This policy shall be used as a guide in processing and reviewing applications requesting HIA financing. 1 02 The City shall have the option of amending or waiving sections of this policy when determined necessary or appropriate. 2. AUTHORITY 2 01 The City of St. Louis Park has the authonty to establish HIAs under Minnesota Statutes, Sections 428A.11 through 428A.20 This authonty is currently scheduled to sunset on June 30, 2005. 2 02 Within a HIA, the City has the authority to A. Make housing improvements B. Levy fees and assessments C. Issue bonds to pay for improvements 2.03 The City Council has the authority to review each HIA petition, which includes the scope of improvements, association's finances, long term financial plan, and membership support. The City may request any other information it deems necessary to consider the petition. 3. ELIGIBLE USES OF HIA FINANCING 3 01 As a matter of adopted policy, the City of St Louis Park will consider using HIA financing to assist private property owners only in those circumstances in which the proposed private projects address one or more of the following goals: A. To promote neighborhood stabilization and revitalization by the removal of blight and/or the upgrading of the existing housing stock in a neighborhood. B To correct housing or building code violations as identified by the City Building Official C. To maintain or obtain FHA mortgage eligibility for a particular condominium or townhome association or single family home within the designated HIA. D To increase or prevent the loss of the tax base of the City in order to ensure the long- term ability of the City to provide adequate services for its residents. E To stabilize or increase the owner -occupancy level within a neighborhood or association. F. The improvements financed through the HIA should pnmanly be extenor improvements and other improvements integral to the operation of the project, e.g. boilers. In the case of a homeowner's association, the improvements should be restncted to common areas. The improvements must be of a permanent nature. The association must have a qualified third party conduct a facility needs assessment to determine and pnoritize the scope of improvements. Resolution No 01-061 -3- G The average market value of units in the association should not exceed the maximum home purchase price for existing homes under the State's first time homebuyer program. (In 2001, the metro amount is $175,591) H. To meet other uses of public policy, as adopted by the City of St Louis Park from time to time, including promotion of quality urban design, quality architectural design, energy conservation, decreasing the capital and operating costs of local government, etc 4. APPLICATION 4.01 City staff shall establish forms and procedures to facilitate the review of requests for the establishment of a HEA. 4.02 At a minimum all requests shall include. A. Name of association and contact person. B. Summary of of proposed improvements including cost, basis of cost estimate, and need for improvement. C Financial statements for past three fiscal years D Budget for current fiscal year E By-laws F Listing of dues. G. Petition for establishing and imposing fees H. Application fee. I Any other information required by this policy or deemed necessary by the City to consider the proposal. 5. HIA APPROVAL CRITERIA 5 01 All HIA financed through the City of St Louis Park should meet the following minimum approval cntena. However, it should not be presumed that a project meeting these cntena would automatically be approved Meeting these criteria creates no contractual rights on the part of any association A. The project must be in accordance with the Comprehensive Plan and Zoning Ordinances, or required changes to the Plan and Ordinances must be under active consideration by the City at the time of approval B The HIA financing shall be provided within applicable state legislative restnctions, debt limit guidelines, and other appropriate financial requirements and policies. C The project should meet one or more of the above adopted HIA Goals of the City of St Louis Park. D. The term of the HIA should be the shortest term possible while still making the annual fee affordable to the association members. The term of any bonds or other debt incurred for the area should mature in 20 years or less. E. The association in a HIA should provide adequate financial guarantees to ensure the repayment of the HIA financing and the performance of the administrative requirements of the development agreement Financial guarantees may include, but are not limited to the pledge of the association's assets including reserves, operating funds and/or property Resolution No. 01-061 -4- F. The proposed project, including the use of HIA financing, should be supported by a majonty of the owners within the association. The association should include the results of a membership vote along with the petitions to create the area and to impose the fees. G. The Association must have adopted a financial plan that provides for the Association to finance maintenance and operation of the common elements within the Association and a long-range plan to conduct and finance capital improvements therein, which does not rely upon the subsequent use of the HIA tool The financial plan and long range plan must be conducted by a qualified independent third party. H. HIA financial assistance is last resort financing and should not be provided to projects that have the financial feasibility to proceed without the benefit of HIA financing. Evidence that the association has sought other financing for the project should be provided and should include an explanation and venfication that an assessment or other internal financing by the association is not feasible along with letters from pnvate lenders or other evidence indicating a lack of outside financing options. I. The homeowner's association must be willing to enter into a development agreement, which may include, but is not limited to, the following terns• establishment of a reserve fund staffing requirements annual reporting requirements conditions of disbursement required dues increases notification to new owners of levied fees, including the process for doing so J. HIA financing should not be provided to those projects that fail to meet good public policy cntena as determined by the Council, including: poor project quality; projects that are not in accord with the Comprehensive Plan, zoning, redevelopment plans, and the City policies; projects that provide no significant improvement to the neighborhood and/or the City; and projects that do not provide a significant increase in the tax base and/or prevent the loss of tax base. K The financial structure of the project should receive a favorable review by the City's Financial Advisor and Bond Counsel. The review will include a review of performance and level of outstanding debt of previous HIAs. L. The association is to submit an application along with application fee as set from time to time by resolution of the City Council. M The City will include a fee for administering the HIA as part of the overall finance plan. 6 FINANCING 6 01 The City Council has sole discretion on the form and structure of financing for HIA projects. 6 02 The City may finance projects through the issuance of bonds, the use of internal loans, or any other form of financing deemed appropriate. 6.03 The City may require a debt service reserve, interest rate adjustment, or other terms necessary to provide adequate cash flow protection. 6.04 The City Council will set the initial period for the prepayment of fees. After this initial period, the fees may not be prepaid while bonds or other obligations are outstanding. Adopted by the City of St. Louis Park on the 16`h day of July, 2001. • • • RESOLUTION NO. 01-062 IIIAmends and Restates Resolution No. 00-154 A RESOLUTION AMENDING RESOLUTION NO. 00-154 ADOPTED ON DECEMBER 18, 2000 AND GRANTING CONTINUED SPECIAL USE PERMIT UNDER SECTION 8-6 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO ALLOW EXPANSION TO A SCHOOL AT 3200 HIGHWAY 100 FINDINGS WHEREAS, Groves Learning Center has made application to the City Council for an amendment to a continued special use permit under Section 8-6 of the St Louis Park Ordinance Code to permit a change in the approved building elevations for the expansion of a school at 3200 Highway 100 within a R-4 Multiple Family Residence District having the following legal description. Lots one (1), two (2), three (3), four (4), five (5), six (6), seven (7), eight (8), nine (9) and ten (10), inclusive, "Oak Park 2"d", according to the recorded plat thereof, being also described as the South eight hundred fifty (850) feet of that part of the Northwest one-quarter (NW 1/4) of the Northwest one-quarter (NW 1/4) of Section Six (6), Township Twenty-eight (28) North, Range Twenty-four (24) West of the Fourth Pnncipal Meridian lying East of the West 172.7 feet thereof and West of State Highway No 100, according to the United States Government survey thereof The South 850 feet of the West 172 7 feet of the West one-half (W 1/) of the West one-half (W 1/2) of the Northwest quarter (NW 1/4) of the Northwest quarter (NW 1/4) of Section Six (6), Township Twenth-eight (28) North, Range Twenty-four (24) West of the Fourth Principal Mendian according to the United States Government Survey thereof Lot 29 in "Norwaldo" according to the plat thereof on file and of record in the office of the Register of Deeds of Hennepin County, Minnesota (Abstract and Torrens) WHEREAS, the City Council has considered the information related to Planning Case Files 82 -52 -SP, 99 -23 -CUP, and 01 -30 -CUP and the effect of the proposed school expansion 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 use permit was issued regarding the subject property pursuant to Resolution No. 7202 of the St. Louis Park City Council dated August 16, 1982 which contained conditions applicable to said property; and Resolution 01-062 -2- WHEREAS, an amendment to a continued special use permit was issued regarding the subject property pursuant to Resolution No. 99-112 of the St. Louis Park City Council dated October 4, 1999 which contained conditions applicable to said property, and WHEREAS, an amendment to a continued special use permit was issued regarding the subject property pursuant to Resolution No. 00-154 of the St Louis Park City Council dated December 18, 2000 which contained conditions applicable to said property, and WHEREAS, due to changed circumstances, amendments to those conditions are now necessary, requiring the amendment of that conditional use permit; and WHEREAS, it is the intent of this resolution to continue and restate the conditions of the permit granted by Resolution No. 7202 to add the amendments now required, and to consolidate all conditions applicable to the subject property in this resolution, WHEREAS, the contents of Planning Case Files 82 -52 -SP, 99 -23 -CUP, and 01 -30 -CUP are hereby entered into and made part of the public hearing record and the record of decision for this case. CONCLUSION NOW THEREFORE BE IT RESOLVED that Resolution No. 00-154 filed as Document No. 7401329 is hereby restated and amended by this resolution which continues and amends a continued special use permit to the subject property for the purposes of permitting an expansion to a school within the R-4 Multiple Family Zoning 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, as modified by the addition of eleven parking spaces. 2 Any new planting improvements on the site plan shall be completed by October 15, 1982. 3 The continued special permit shall be amended on October 4, 1999 to incorporate all of the preceding conditions and add the following conditions: a The site shall be developed, used and maintained in accordance with Exhibits B through H, Exhibit E to be revised per condition b.3) below, and condition 5 (amended July 2, 2001), such documents incorporated by reference herein. b. Prior to any site work, the applicant shall comply with the following: 1) Obtain an erosion control permit from the Minnehaha Creek Watershed Distnct and forward a copy of permit to the City. 2) Obtain wntten permission from MNDOT for storm sewer pipe on public nght of way and dnveway access changes along Highway 100 frontage road. 3) Exhibit E, Elevations, shall be revised to show no more than 10% Class III materials on any facade. In addition, building materials samples shall be submitted to and approved by the Zoning Administrator and Planning Supervisor to ensure architectural integration and compatibility of all matenals used • • Resolution 01-062 -3- c. Approval of a building permit, which may impose additional requirements. d. A sign permit shall be obtained pnor to installation of any new signage. e. If it becomes necessary to increase the number of parking stalls to meet City requirements for the approved building expansion, an increase of up to 10 stalls may be approved administratively, provided that setback and bufferyard requirements are met. f Assent form and official exhibits must be signed by applicant (or applicant and owner if applicant is different from owner) prior to issuance of building permit. 4 The conditional use permit shall be amended on December 18, 2000 to incorporate all of the preceding conditions and extend the time to obtain a building permit to August 31, 2001. 5 The conditional use permit shall be amended on July 16, 2001 to incorporate all of the preceding conditions and to approve the proposed amendment to Exhibit E Elevations dated as received by the City on July 9, 2001 subject to the following conditions: a The south elevation of the gymnasium shall be all brick. b. A 10 -foot high wainscoting of brick shall be added on the west and east elevations The City Clerk is instructed to record certified copies of this resolution in the Office of the - - Hennepin County Register of Deeds or Registrar of Titles as the case may be. Reviewed for Administration: City Manager Attest.• ty Clerk 01 -30 -CUP N-res/ord Adopted b the City Council July 16, 2001 1 1 OCT 12 LOU1 By 3437610 J' DucAcate Fi\►n9 GeOcate RESOLUTION NO. 01-062 Amends and Restates Resolution No. 00-154 OFFICr Or Cv:Lai nt Ge'r, HENNEPIN COUN1 f . n�y'.LiU C l'• CEFTti IED fi° ETIh l,' U1+ DECO^P:I; 0'; 4/5 ZIA I SEP 12 Phi I: 10 75� CU ,kE �j•-ti� DEPUTY COpv A RESOLUTION AMENDING RESOLUTION NO. 00-154 ADOPTED ON DECEMBER 18, 2000 AND GRANTING CONTINUED SPECIAL USE PERMIT UNDER SECTION 8-6 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO ALLOW EXPANSION TO A SCHOOLAT 3200 HIGHWAY 100 - FINDINGS WHEREAS, Groves Learning Center has made application to the City Council for an amendment to a continued special use permit under Section 8-6 of the St. Louis Park Ordinance Code to permit a change in the approved building elevations for the expansion of a school at 3200 Highway 100 within a R-4 Multiple Family Residence District having the following legal description: Lots one (1), two (2), three (3), four (4), five (5), six (6), seven (7), eight (8), nine (9) and ten (10), inclusive, "Oak Park 2nd", according to the recorded plat thereof, being also descnbed as the South eight hundred fifty (850) feet of that part of the Northwest one-quarter (NW '/a) of the Northwest one-quarter (NW 1/4) of Section Six (6), Township Twenty-eight (28) North, Range Twenty-four (24) West of the Fourth Principal Meridian lying East of the West 172.7 feet thereof and West of State Highway No. 100, according to the United States Government survey thereof • • Resolution 01-062 -2- The South 850 feet of the West 172.7 feet of the West one-half (W '/) of the West one-half (W ') of the Northwest quarter (NW 1/4) of the Northwest quarter (NW '/a) of Section Six (6), Township Twenth-eight (28) North, Range Twenty-four (24) West of the Fourth Principal Meridian according to the United States Government Survey thereof Lot 29 in "Norwaldo" according to the plat thereof on file and of record in the office of the Register of Deeds of Hennepin County, Minnesota (Abstract and Torrens) WHEREAS, the City Council has considered the information related to Planning Case Files 82 -52 -SP, 99 -23 -CUP, and 01 -30 -CUP and the effect of the proposed school expansion 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 use permit was issued regarding the subject property pursuant to Resolution No. 7202 of the St. Louis Park City Council dated August 16, 1982 which contained conditions applicable to said property; and WHEREAS, an amendment to a continued special use permit was issued regarding the subject property pursuant to Resolution No. 99-112 of the St. Louis Park City Council dated October 4, 1999 which contained conditions applicable to said property, and WHEREAS, an amendment to a continued special use permit was issued regarding the subject property pursuant to Resolution No. 00-154 of the St. Louis Park City Council dated December 18, 2000 which contained conditions applicable to said property, and WHEREAS, due to changed circumstances, amendments to those conditions are now necessary, requiring the amendment of that conditional use permit; and WHEREAS, it is the intent of this resolution to continue and restate the conditions of the permit granted by Resolution No. 7202 to add the amendments now required, and to consolidate all conditions applicable to the subject property in this resolution; WHEREAS, the contents of Planning Case Files 82 -52 -SP, 99 -23 -CUP, and 01 -30 -CUP are hereby entered into and made part of the public hearing record and the record of decision for this case.