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HomeMy WebLinkAbout03-156 - ADMIN Resolution - City Council - 2003/10/20RESOLUTION NO. 03-156 Amends and Restates Resolution No. 2303 A RESOLUTION AMENDING AND RESTATING RESOLUTION NO. 303 ADOPTED ON APRIL 29, 1963 AND GRANTING AMENDMENT TO EXISTING SPECIAL PERMIT UNDER SECTION 36-36 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO ALLOW EXPANSION OF THE EXISTING PARKING LOT AT 5621 AND 5635 MINNETONKA BOULEVARD FINDINGS WHEREAS, Jim Soderberg (Colonial Terrace SLP, LLC) has made application to the City Council for an amendment to an existing special permit under Section 36-36 of the St. Louis Park Ordinance Code to allow expansion of the existing parking lot at 5621 and 5635 Minnetonka Boulevard within a R-4 Multi -Family Residential Zoning District having the following legal description: Tracts B and F, Tract E except that part which lies Northeasterly of a line 38.28 feet in length extending from a point in the Southeasterly line of said Tract E distant 4.53 feet Southwesterly from the most Easterly corner thereof to a point distant 1.62 feet Southwesterly from, as measured perpendicular to the Northeasterly line of said Tract E. Registered Land Survey No. 1105, Hennepin County, Minnesota WHEREAS, the City Council has considered the information related to Planning Case Nos. 63 -6 -SP and 03 -35 -CUP and the effect of the proposed parking lot 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 compliance with the intent of the Zoning Ordinance; and WHEREAS, a special permit was issued to permit the construction of two 30 unit apartment buildings attached by a parking garage regarding the subject property pursuant to Resolution No. 2303 of the St. Louis Park City Council dated April 29, 1963 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 special permit; and WHEREAS, it is the intent of this resolution to continue and restate the conditions of the permit granted by Resolution No. 2303, to add the amendments now required, and to consolidate all conditions applicable to the subject property in this resolution; WHEREAS, the contents of Case Nos. 63 -6 -SP and 03 -35 -CUP are hereby entered into and made part of the public hearing record and the record of decision for this case. Resolution No. 03-156 -2- CONCLUSION NOW THEREFORE BE IT RESOLVED that Resolution No. 2303 (document not filed) is hereby restated and amended by this resolution which continues and amends a special permit to the subject property for the purposes of permitting expansion of the existing parking lot within the R-4 Multi -Family Residential District at the location described above based on the following conditions: The special permit to permit the construction of two 30 unit apartment buildings attached by a parking garage at the location described is granted based on the findings set forth above and subject to the following conditions: 1. The tract of land above described is not less than one and five tenths acres in area. 2. Said lands are located in an R-3, R-4 or R -B Use District 3 That said lands will be better developed and more efficiently utilized under a proper plan as provided in Section 6:176.1 of the St. Louis Park Zoning Ordinance. 4. The owners of said lands have submitted their application for a special permit under Section 6:176.1 accompanied by a preliminary plan for the development of said lands. 5. The plan conforms to the requirements of the use district in which it is located and with respect to the requirements of Section 6:176.1, Subdivision 1 through 10 further shows: (a) That said tract of land will have not less than 200 feet of frontage on a public right-of-way. ' (b) That the project will be served by the City sewer and water system and will have fire hydrants installed as necessary for fire protection. (c) That no building within the project will be nearer than its height to rear or side property lines which abut upon an R-1 or R-2 Use District. (d) That no buildings within the project will be nearer to another building than one- half the sum of the heights of the two buildings. (e) That private roadways within the project will have an improved surface twenty (20) feet or more in width and will be so designed as to permit the City fire trucks to provide protection to each building. (f) That no part of private roadways has been used in calculating the required off- street parking space. (g) That no buildings will be located less than fifteen (15) feet from the back of the curb line along the internal street pattern. (h) That the off-street parking requirements will be 1.3 spaces per dwelling unit. (i) That needs for recreational purposes have been considered and are adequately covered in the said plan and no provision therefore is required. 6. That the project be developed and constructed in conformance with the elevation, perspective, floor plan, and final plan submitted by the applicant and marked exhibits "A", "B", and "C" respectively filed with the City Clerk. 7. That the applicant deed to the City a storm sewer and drainage easement along rear service drive. 8. The special permit shall be amended on October 20, 2003 to allow expansion of the exiting parking lot, to incorporate all of the preceding conditions and add the following conditions: a. The site shall be used, developed and maintained in accordance with the official Exhibits: Exhibit D — Survey, Exhibit E — Site Plan, Exhibit F — Grading & Erosion Control Plan, Exhibit G — Utility Plan, Exhibit H — Tree Preservation Plan, Exhibit I — Landscape Plan. • • Resolution No. 03-156 -3- b. Prior to any site work, applicant shall obtain a Watershed District permit, if required, and shall install required silt and tree protection fencing. c. Prior to beginning any additional site work, the applicant shall comply with the following: i. Obtain a building permit, utility permits and/or other permits required by the City, which may impose additional conditions. ii. Obtain an erosion control permit from the Minnehaha Creek Watershed District and forward a copy of permit to the City. iii. Sign assent form and Final PUD official exhibits. iv Grading plans shall comply with all of the requirements of the Public Works Department. v. Meet all Fire Department emergency access requirements. vi. Submit financial surety to cover 125% of the cost of tree replacement & repair, cleaning public streets. vii. Tree protection fencing must be installed and maintained throughout construction d. The developer shall comply with the following conditions dunng construction: i. All City noise ordinances shall be complied with, including that there be no construction activity between the hours of 10 p.m. and 7 a.m. on weekdays and 10 p.m. and 9 a.m. on weekends and holidays. ii. The site shall be kept free of dust and debns that could blow onto neighbonng properties. iii Public streets shall be maintained free of dirt and shall be cleaned as necessary. iv. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of construction on surrounding properties. e. A maximum of 69 off-street parking spaces shall be maintained at all times and there shall be no parking in Fire Lanes as required by the Fire Marshall. f. The owner shall continue to allow public access through the private parking lot or restore alley right-of-way to allow public access throughout the alley right-of- way. g The owner shall inspect the pond once a year and clean the catch basins, pond, parking lot and paved areas as needed. h. A maximum of 54 units is permitted The developer/owner shall pay an administrative fine of $750.00 per violation of any condition of this approval. Under the Zoning Ordinance, this permit shall be revoked and cancelled if the building or structure for which the conditional use permit is granted is removed. Reviewed for Administration: p?44,‘ anager Attest: ity Clerk pted by the City Council October 20, 2003 ;yo A � V( 7:- 4 rn ii Z 7J 1--.6i J c—°� m m JJ w11 7'j fTt -_• LT) --I 0 ;-1,30 C r Q = --1 �G ml� �D � RESOLUTION NO. 03-156 COPY Amends and Restates Resolution No. 2303 A RESOLUTION AMENDING AND RESTATING RESOLUTION NO. 303 ADOPTED ON APRIL 29, 1963 AND GRANTING AMENDMENT TO EXISTING SPECIAL PERMIT UNDER SECTION 36-36 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO ALLOW EXPANSION OF THE EXISTING PARKING LOT AT 5621 AND 5635 MINNETONKA BOULEVARD FINDINGS WHEREAS, Jim Soderberg (Colonial Terrace SLP, LLC) has made application to the City Council for an amendment to an existing special permit under Section 36-36 of the St. Louis Park Ordinance Code to allow expansion of the existing parking lot at 5621 and 5635 Minnetonka Boulevard within a R-4 Multi -Family Residential Zoning District having the following legal description: Tracts B and F, Tract E except that part which lies Northeasterly of a line 38.28 feet in length extending from a point in the Southeasterly, line of said Tract E distant 4.53 feet Southwesterly from the most Easterly corner thereof to a point distant 1.62 feet Southwesterly from, as measured perpendicular to the Northeasterly line of said Tract E. Registered Land Survey No. 1105, Hennepin County, Minnesota WHEREAS, the City Council has considered the information related to Planning Case Nos. 63 -6 -SP and 03 -35 -CUP and the effect of the proposed parking lot 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 compliance with the intent of the Zoning Ordinance; and • • • Resolution No. 03-156 -2- WHEREAS, a special permit was issued to permit the construction of two 30 unit apartment buildings attached by a parking garage regarding the subject property pursuant to Resolution No. 2303 of the St. Louis Park City Council dated April 29, 1963 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 special permit; and WHEREAS, it is the intent of this resolution to continue and restate the conditions of the permit granted by Resolution No. 2303, to add the amendments now required, and to consolidate all conditions applicable to the subject property in this resolution; WHEREAS, the contents of Case Nos. 63 -6 -SP and 03 -35 -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. 2303 (document not filed) is hereby restated and amended by this resolution which continues and amends a special permit to the subject property for the purposes of permitting expansion of the existing parking lot within the R-4 Multi -Family Residential Distnct at the location described above based on the following conditions: The special permit to permit the construction of two 30 unit apartment buildings attached by a parking garage at the location described is granted based on the findings set forth above and subject to the following conditions: 1. The tract of land above described is not less than one and five tenths acres in area. 2. Said lands are located in an R-3, R-4 or R -B Use District. 3. That said lands will be better developed and more efficiently utilized under a proper plan as provided in Section 6:176.1 of the St. Louis Park Zoning Ordinance. 4. The owners of said lands have submitted their application for a special permit under Section 6:176.1 accompanied by a preliminary plan for the development of said lands. 5. The plan conforms to the requirements of the use district in which it is located and with respect to the requirements of Section 6:176.1, Subdivision 1 through 10 further shows: (a) That said tract of land will have not less than 200 feet of frontage on a public right-of-way. (b) That the project will be served by the City sewer and water system and will have fire hydrants installed as necessary for fire protection. (c) That no building within the project will be nearer than its height to rear or side property lines which abut upon an R-1 or R-2 Use District. (d) That no buildings within the project will be nearer to another building than one- half the sum of the heights of the two buildings. • • Resolution No. 03-156 -3- (e) That private roadways within the project will have an improved surface twenty (20) feet or more in width and will be so designed as to permit the City fire trucks to provide protection to each building. (f) That no part of private roadways has been used in calculating the required off- street parking space. (g) That no buildings will be located less than fifteen (15) feet from the back of the curb line along the internal street pattern. (h) That the off-street parking requirements will be 1.3 spaces per dwelling unit. (i) That needs for recreational purposes have been considered and are adequately covered in the said plan and no provision therefore is required. 6. That the project be developed and constructed in conformance with the elevation, perspective, floor plan, and final plan submitted by the applicant and marked exhibits "A", "B", and "C" respectively filed with the City Clerk. 7. That the applicant deed to the City a storm sewer and drainage easement along rear service'drive. 8. The special permit shall be amended on October 20, 2003 to allow expansion of the exiting parking lot, to incorporate all of the preceding conditions and add the following conditions: a. The site shall be used, developed and maintained in accordance with the official Exhibits: Exhibit D — Survey, Exhibit E — Site Plan, Exhibit F — Grading & Erosion Control Plan, Exhibit G — Utility Plan, Exhibit H — Tree Preservation Plan, Exhibit I — Landscape Plan. b. Prior to any site work, applicant shall obtain a Watershed District permit, if required, and shall install required silt and tree protection fencing. c. Prior to beginning any additional site work, the applicant shall comply with the following: i. Obtain a building permit, utility permits and/or other permits required by the City, which may impose additional conditions. ii. Obtain an erosion control permit from the Minnehaha Creek Watershed District and forward a copy ofpermit to the City. iii. Sign assent form and Final PUD official exhibits. iv. Grading plans shall comply with all of the requirements of the Public Works Department. v. Meet all Fire Department emergency access requirements. vi. Submit financial surety to cover 125% of the cost of tree replacement & repair, cleaning public streets. vii. Tree protection fencing must be installed and maintained throughout construction. d. The developer shall comply with the following conditions during construction: i. All City noise ordinances shall be complied with, including that there be no construction activity between the hours of 10 p.m. and 7 a.m. on weekdays and 10 p.m. and 9 a.m. on weekends and holidays. ii. The site shall be kept free of dust and debris that could blow onto neighboring properties. - • • • Resolution No. 03-156 -4- iii. Public streets shall be maintained free of dirt and shall be cleaned as necessary. iv. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of construction on surrounding properties. e. A maximum of 69 off-street parking spaces shall be maintained at all times and there shall be no parking in Fire Lanes as required by the Fire Marshall. f. The owner shall continue to allow public access through the private parking lot or restore alley right-of-way to allow public access throughout the alley right-of- way. g. The owner shall inspect the pond once a year and clean the catch basins, pond, parking lot and paved areas as needed. h. A maximum of 54 units ispermitted. i. The developer/owner shall pay an administrative fine of $750.00 per violation of any condition of this approval. Under the Zoning Ordinance, this permit shall be revoked and cancelled if the building or structure for which the conditional use permit is granted is removed. STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss CITY OF ST. LOUIS PARK ) The undersigned, being the duly qualified Deputy City Clerk of the City of St. Louis Park, Minnesota, certifies that the foregoing resolution is a full, true and correct copy of the original Resolution No. 03-156 adopted at the St. Louis Park City Council meeting held on October 20, 2003. WITNESS my hand and the Seal of the City of St. Louis Park this 10th day of November, 2003. Nancy J. Strotll, C/Deputy City Clerk