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HomeMy WebLinkAbout15-109 - ADMIN Resolution - City Council - 2015/08/03RESOLUTION NO. 15-109 RESOLUTION AMENDING AND RESTATING RESOLUTION NO. 89-109 ADOPTED ON JULY 31, 1989 AND GRANTING AN AMENDMENT TO AN EXISTING SPECIAL (CONDITIONAL) USE PERMIT TO ALLOW A 156 -UNIT MULTIPLE -FAMILY DWELLING AT 5707 HIGHWAY 7 FINDINGS WHEREAS, Bel Minneapolis Holdings LLC has made application to the City Council for a major amendment to an existing special (conditional ) use permit under Section 36-37(d) of the St. Louis Park Ordinance Code to allow a multiple -family dwelling at 5707 Highway 7 within a R-4 Multiple Family Residence Zoning District having the following legal description: Lot 1, Auditor's Subdivision Number 249, Hennepin County, Minnesota (Torrens Certificate No. 651838) WHEREAS, the City Council has considered the information related to Planning Case Nos. 15 -24 -SP & 15 -25 -VAR and the effect of the proposed amendment 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 (conditional) use permit was issued regarding the subject property pursuant to Resolution No. 89-109 of the St. Louis Park City Council dated July 31, 1989 which contained conditions applicable to said property, and WHEREAS, due to changed circumstances resulting from the condemnation of land by the Minnesota Department of Transportation for public purposes, amendments to those conditions are now necessary, requiring the amendment of that special (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. 89-109, to add the amendments now required, and to consolidate all conditions applicable to the subject property in this resolution, WHEREAS, the contents of Planning Commission Case Files 88 -63 -SP, 89 -63 -SP, and 15 -24 -SP 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 89-109 filed as Document No. 2031227 is hereby restated and amended by this resolution which continues and amends a special (conditional) use permit for the subject property for the purposes of maintaining a 156 -unit multiple -family dwelling with a density of 36 units per acre and floor area ratio of 1.0 within the R-4 Multiple Family Residence Zoning District at the location described above based on the following conditions 1. Except as modified by conditions 2 through 15, the site shall be developed, used and maintained in accordance with Exhibit A, Site Plan; Exhibit B, 1st Floor Community Areas, Exhibit C, Garage 1st Level; Exhibit D, Garage 2nd Level; Exhibit E, Elevation, Resolution No. 15-109 -2- Exhibit F, Elevation; Exhibit G, Elevation; Exhibit H, Grading and Drainage Plan; Exhibit I, Roadway and Utility Plan. And a Landscape Plan which shall be submitted by October 30, 1988 which shall be consistent with City requirements and upon City approval shall be Exhibit J. 2 Exhibit B, C and D are for general purposes. 3 The eastern end of the site plan be designated for future light rail transit -pedestrian purposes and the owner and the successors and assigns dedicate such area for such use when such need is established by the City or other public agency. 4. Exhibit C and D be modified to provide for adequate trash storage and recycling prior to issuance of a building permit 5 On site walkways be detached from the curb line except at the main entrance drop-off point. 6 Exterior walls and windows provide appropriate sound reduction 7. The boulevard be sodded and there be at least one street tree per 40 feet of frontage. 8 There be no outdoor storage of trash or trash containers 9 All outdoor lighting be directed perpendicular to the ground 10 The driveways and parking lot have poured -in-place concrete curbing measuring at least 6 inches above and below grade. 11. The north easterly elevation in the exposed basement area meet the architectural controls 12. No transformers be located in the front yards or on the public right-of-way unless screened from view and landscaped. 13 All utilities serving the site be placed underground 14. Rooftop elevation plans be submitted which meets design standards prior to issuing a building permit. 15 All improvements and conditions in the exhibits and as modified by conditions be completed by May 15, 1990. 16 That condition numbers 11, 14, and 15 be eliminated 17 That exhibits described in condition number 1 be modified as follows. Exhibit A as it relates to the orientation of the swimming pool by Exhibit K dated July 7, 1989, Exhibit B as it relates to the plan for the first floor community area by Exhibit L dated July 7, 1989, Exhibits E, F, and G as they relate to the change in exterior finish material on the top floor from brick to wood, as they relate to the northeasterly elevation in the exposed basement area and as they relate to the roof top elevation plans by Exhibits M, N and 0 Resolution No. 15-109 dated July 7, 1989; and Exhibit I as it relates to the installation of a watermain along the south edge of the site and -additional fire hydrants by Exhibit P dated June 5, 1989 18. All improvements and conditions be completed by December 31, 1990. 19. The special permit shall be _ amended on August 3, 2015 to 'incorporate all of the preceding' conditions and add the -following condition: The site shall Ibe°developed, used 'and maintained in conformance' with the Official Exhibits of Case, File 88=63 -SP and 89- 63 -SP except _as `to the lot' size impacts resulting -from the taking by MN DOT of 1,048 square feet of property -for Highway100 as depicted'on ALTA /AGSM Land Title Survey _ dated February 2-,'-2014. t In addition to any other remedies, the -developer or owner shall pay an administrative fee of $750 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. A .ent orm and official exhibits shall be signed by applicant (or applicant and owner if alican is different from owner) Review City d NJ/I1 7 d. Attest: Administration: Adopted by the City Council August 3, 2015 • IIfflhI ffl III IfflI UII II IflI flII IUI flI IIl Existing Certs 1324921 Deputy 26 Doc No T05295161 Certified, filed and/or recorded on Oct 2, 2015 10 00 AM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer pes. /Uo. I5-1 a9 Pkg ID 1301597M Document Recording Fee $46 00 Document Total $46 00 C:7,7 2 "' 2015 1 This cover sheet is now a permanent part of the recorded document CITY OF ST LOUIS PARK /3214gz i Administration Office 5005 Minnetonka Boulevard St. Louis Park MN 55416 (952)-928-2840 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss CITY OF ST. LOUIS PARK ) The undersigned hereby certifies the following: "CITY COUNCIL RESOLUTION" 1) The attached is a full, true and correct copy of the original Resolution No. 15-109 adopted August 3, 2015 and on file in the Office of the City Clerk 2) The City Council meeting was held upon due call and notice. WITNESS my hand and the Seal of the City of St. Louis Park Melissa Kenne City Clerk ,,a Date: September 18, 2015 RESOLUTION NO. 15-109 RESOLUTION AMENDING AND RESTATING RESOLUTION NO. 89-109 ADOPTED ON JULY 31, 1989 AND GRANTING AN AMENDMENT TO AN EXISTING SPECIAL (CONDITIONAL) USE PERMIT TO ALLOW A 156 -UNIT MULTIPLE -FAMILY DWELLING AT 5707 HIGHWAY 7 FINDINGS WHEREAS, Bel Minneapolis Holdings LLC has made application to the City Council for a major amendment to an existing special (conditional ) use permit under Section 36-37(d) of the St Louis Park Ordinance Code to allow a multiple -family dwelling at 5707 Highway 7 within a R-4 Multiple Family Residence Zoning District having the following legal description: Lot 1, Auditor's Subdivision Number 249, Hennepin County, Minnesota (Torrens Certificate No. 651838) WHEREAS, the City Council has considered the information related to Planning Case Nos. 15 -24 -SP & 15 -25 -VAR and the effect of the proposed amendment 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 (conditional) use permit was issued regarding the subject property pursuant to Resolution No. 89-109 of the St. Louis Park City Council dated July 31, 1989 which contained conditions applicable to said property; and WHEREAS, due to changed circumstances resulting from the condemnation of land by the Minnesota Department of Transportation for public purposes, amendments to those conditions are now necessary, requiring the amendment of that special (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 89-109, to add the amendments now required, and to consolidate all conditions applicable to the subject property m this resolution; WHEREAS, the contents of Planning Commission Case Files 88 -63 -SP, 89 -63 -SP, and 15 -24 -SP 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 89-109 filed as Document No. 2031227 is hereby restated and amended by this resolution which continues and amends a special (conditional) use permit for the subject property for the puiposes of maintaining a 156 -unit multiple -family dwelling with a density of 36 units per acre and floor area ratio of 1.0 within the R-4 Multiple Family Residence Zoning District at the location described above based on the following conditions: 1. Except as modified by conditions 2 through 15, the site shall be developed, used and maintained in accordance with Exhibit A, Site Plan; Exhibit B, 1st Floor Commumty Areas; Exhibit C, Garage 1st Level; Exhibit D, Garage 2nd Level; Exhibit E, Elevation; • Resolution No., 15-109 -2- Exhibit F, Elevation; Exhibit G, Elevation; Exhibit H, Grading and Dramage Plan; Exhibit I, Roadway and Utility Plan. And a Landscape Plan which shall be submitted by October 30, 1988 which shall be consistent with City requirements and upon City approval shall be Exhibit J. 2. Exhibit B, C and D are for general purposes. 3. The eastern end of the site plan be designated for future light rail transit -pedestrian purposes, and the owner and the successors and assigns dedicate such area for such use when such need is established by the City or other public agency. 4. Exhibit C and D be modified to provide for adequate trash storage and recycling pnor to issuance of a building permit. 5. On site walkways be detached from the curb line except at the main entrance drop-off point. 6 Exterior walls and windows provide appropriate sound reduction. 7. The boulevard be sodded and there be at least one street tree per 40 feet of frontage 8. There be no outdoor storage of trash or trash containers. 9 All outdoor lighting be directed perpendicular to the ground. 10. The driveways and parking lot have poured -in-place concrete curbing measuring at least 6 inches above and below grade. 11. The north easterly elevation in the exposed basement area meet the architectural controls 12. No transformers be located in the front yards or on the public right-of-way unless screened from view and landscaped. 13. All utilities serving the site be placed underground 14 Rooftop elevation plans be submitted which meets design standards prior to issuing a building permit. 15. All improvements and conditions in the exhibits and as modified by conditions be completed by May 15, 1990. 16 That condition numbers 11, 14, and 15 be eliminated 17 That exhibits described in condition number 1 be modified as follows: Exhibit A as it relates to the orientation of the swimming pool by Exhibit K dated July 7, 1989; Exhibit B as it relates to the plan for the first floor community area by Exhibit L dated July 7, 1989, Exhibits E, F, and G as they relate to the change in exterior finish material on the top floor from brick to wood, as they relate to the northeasterly elevation in the exposed basement area and as they relate to the roof top elevation plans by Exhibits M, N and 0 Resolution No. 15-109 -3- dated July 7, 1989; and Exhibit I as it relates to the installation of a watermain along the south edge of the site and additional fire hydrants by Exhibit P dated June 5, 1989 ilk 18. All improvements and conditions be completed by December 31, 1990. 19. The special permit shall be amended on August 3, 2015 to incorporate all of the preceding conditions and add the following condition: The site shall be developed, used and maintained in conformance with the Official Exhibits of Case File 88 -63 -SP and 89- 63 -SP except as to the lot size impacts resulting from the taking by MN DOT of 1,048 square feet of property for Highway 100 as depicted on ALTA/ACSM Land Title Survey dated February 2, 2014. In addition to any other remedies, the developer or owner shall pay an administrative fee of $750 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. A ,.ent orm and official exhibits shall be signed by applicant (or applicant and owner if a.i.lican is different from owner). Review (0) City Administration: Attest: Adopted by the City Council August 3, 2015