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HomeMy WebLinkAbout18-180 - ADMIN Resolution - City Council - 2018/11/05 (2)1 I#IHI ELIA\ RECEIVED MAR 1 3 2019 CITY CLERK'S OFFICE csl&tort 0, 1%-t Se Doc No T05578923 Certified, filed and/or recorded on Nov 29, 2018 1:02 PM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 17 Pkg ID 1764768E Document Recording Fee $46.00 Document Total $46.00 Existing Certs 1348731 This cover sheet is now a permanent part of the recorded document. 11111111111111111 I II II RECEIVED MAR 1 3 2019 CITY CLERK'S OFFICE essluiaa 00 \8-\80 Doc No A10616980 Ce rtified, filed and/or recorded on Dec 3, 2018 4:21 PM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder M ark Chapin, County Auditor and Treasurer Deputy 49 Pkg ID 1766109E Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. t r 4If St. Louis Park 3l «wsso A dm inis tr ati on O ffice 5005 Min neton ka B lvd. St Lo uis Park, MN 55416 952.928.2840 STATE OF MINN ESOTA ) COUNT Y OF HENNE PIN ) ss CITY OF ST. LOUIS PARK ) "CITY COUNCIL RESOLUTION" The undersigned hereby certifies the following: 1 ) The attached is a full, true and correct copy of the original R esolution N o. 18-180 adopted November 5, 2018, 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. . ,9a,, g\Jg SEAL r e».a ,a ! "S';;g -++. 3 \4 i-?» all 3l5 City Clerk Date: November 21, 2018 Resolution No. 18-180 Resolution approving a conditional use permit and variances for 31.1.5 Ottawa Avenue South and 3115 Natchez Avenue South Whereas, Rabbi Shlomo Kutoff, on behalf of The Yeshiva of Minneapolis, applied for a conditional use permit and variances for the purpose of constructing an addition to the existing school at 3115 Ottawa Avenue South; the property is legally described as follows, to-wit: Parcel 1: Lots 1,2, 3,4,5 and 6; that part of Lots 7 and 8 lying Northerly of State Highway Number 7, except the South five feet of said Lot 8; that part of Lot 21 lying Northerly of a line drawn from a point in a line 15 feet East of and parallel to the West line of Block 2, and five feet North of the South line of said Lot 21, thence Southeasterly a distance of 15.81 feet to the South line of said Lot 21 and there term inating; except the W est 15 feet of said Lot 21; and Lots 22, 23, 24, 25, 26, 27, and 28, except the W est 15 feet of said Lots 22 through 28; all in Block 2, M azey & Langan's Addition to St. Louis Park; together with that part of the alley in said Block 2, Mazey & Langan's Addition to St. Louis Park, vacated by Ordinance No. 1245 adopted September 24, 1973, filed October 4, 1973, as Document No. 4045994 (Abstract), and filed October 9, 1973, as Document No. 1088035 (Torrens), lying Northerly of State Highway 7 and Southerly of the Westerly . ' extension of the North line of Lot 1, said Block 2. Hennepin County , M innesota A bstra ct Pro pert y Torrens Pro pert y Parcel 2: Lots 24 and 25, Block 2, Oakenw ald A ddition, St. Louis Park, M innesota. Whereas, the pro perty is guided Civic in the Com prehensive Plan future land use m ap. Whereas, the pro pert y is located in the R-4 M ultiple-Fam ily Residence zo ning district. Whereas, the Yeshiva of M inneapolis is an educational fa cility that opened in 2013 , and continues to operate to the present day. Whereas, the applica nt requests a conditional use perm it to allow an expansion to the exist ing educational fa cility, and to allow im port/export of m ore than 400 cubic yards of soil. Whereas, the applicant requests variances fr om the requirem ents of Zoning O rdinance Section 36-166(f)(2) to allow an increase of 0.22 to the m axim um floor area ratio fr om 0.07 to 0.92, and to allow an increase of 0.07 to the m axim um gro und floor area ratio fr om 0.35 to 0.4 2; a variance from the requirem ents of Zoning Ordinance Section 36-166(f)(11) to allow a 15 Resolution No. 18-180 2 foot rear yard instead of the required 25 foot minimum; and a variance from Section 36- 166(f){9 and 10) to allow a side yard of 14.5 feet instead of the required 38.2 foot minimum. Findings Whereas, the city council has determined that the applications meet the conditions for educational facilities with student housing in the R-4 zoning district, including: a. Buildings shall be located at least SO feet from a lot in an R district. b. Outdoor recreational and play areas shall be located at least 25 feet from any lot in an .R dist rict . c. An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. d. A ccess shall be to a roadway identified in the comprehensive plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffi c on local residential streets. e. Student housing. At a minimum, the student housing must meet the following conditions: 1. No more than 200 students may live on-site. . 2. The maximum number of dorm rooms allowed shall be determined by multiplying the district density maximum by the lot size. 3. An outdoor recreation area shall be provided that contains at least 40 square feet per st udent living at the school. 4. The housing must be supervised 24 hours a day, seven days a week by an adult living on-site. 5. The students living on-site m ust be actively enrolled in the school as full-time students. 6. The student housing must be located on the same parcel as the school. Whereas, the pro perty is guided "Civic" in the com prehensive plan, which allows multi- fa m ily dw ellings. Whereas, the use of this propert y as an educational facility with student housing is consistent w ith and support ive of principles, goals, objectives, land use designations, redevelopm ent plans, neighborhood objectives, and im plem entation st rategies of the com prehensive plan. Whereas, the use is not detrim ental to the health, safe ty, m orals and general w elfa re of the com m unity as a w hole. It will not have undue adverse im pacts on the use and enjoym ent of properties, exist ing and antici pated traff ic conditions, parking fa cilities on adjacent streets, and values of properties in close proxim ity to th e use. Whereas, the use is consistent w ith the regulations, intent and purpose of city code and the zoning district in w hich the use is located. The proposed plan, w ith staff recom m ended conditions of appro val, will m eet the conditions required fo r an educational fa ci lity w ith student housing including the proposed building, parking lot and site im provem ents. Whereas, the use w ill not have undue adverse im pact s on govern m ental fa cilities, serv ices or im provem ents w hich are either existing or proposed. Resolution No. 18-180 3 Whereas, the site design for the educational facility with student housing is consistent { with the design and other requirements of site and landscape plans prepared by or under the i direction of a professional landscape architect or civil engineer registered in the state and adopted as part of the conditions imposed on the use by the city council. W hereas, the use and site design are consistent with the city's storm water, sanitary sewer, and water plans. On-site storm water management improvements will be made as part of the site improvements. The existing utilities have capacity for the use. Whereas, the variances are in harmony with the general purposes and intent of the Zoning Ordinance: 1. The intent of ground floor area ratio and floor area ratio provisions are to reserve space on a lot for parking, landscaping and outdoor recreation area, and to control the scale of the building. With the granting of these variances the expansion will still m eet landscaping and outdoor recreational area requirements, while perm itting the construction of a functional educational facility. The proposed building is similar to the scale of other buildings in the area. Parking is provided on- site and in a parking lot on the east side of Natchez Avenue South. 2. The educational facility is surrounded on all sides by public right-of-way. Therefore the closest residential property is 75 feet away from the proposed expansion which exceeds the required minimum rear yard of 25 feet and required side yard of 38 fe et. 3. The intent of the side yard requirem ents in the ordinance is to ensure sufficient space betw een buildings and uses to avoid negative im pacts on neighboring properties. The reduced side yards w ill still allow suffi cient space between buildings and the public right-of-way. 4. The height of the proposed expansion is approximately 16 feet at the closest point to the residential properties, therefore, the reduced setback meets the intent of mitigating the impact of a 40 foot tall wall that would otherwise be located at the minimum required setback. W hereas, the variances are consistent with the comprehensive plan. They allow the construction of an educational facility with student housing on the site, which would otherwise not be possible due to the placement of the synagogue building which the educational facility occupied in 2013. This project will also provide amenities not previously available to the students. · W hereas, there are practical difficulties in complying with the Zoning Ordinance. The request for the variances is due in part to the reuse of the synagogue as an educational facility with student housing. The property owner has to work within the constraints of the existing building and its unique building design. W hereas, the granting of the variances is necessary for the preservation and enjoyment of a substantial property right. Due to the reuse of the synagogue as a school, without the variances, the school could not be expanded to include a gymnasium and keep the existing assembly area within the building. Both the assembly area and gymnasium are necessary for the operation of an educational facility. Resolution No. 18-180 4 Whereas, the contents of Case Nos. 18-51-Z, 18-52-CP, 18-54-CUP, 18-55-VAR, 18-56-VAR, 18-57-VAR, and 18-63-VAR are hereby entered into and made part of the record of decision for this case. Conclusion Now therefore be it resolved that the conditional use permit and variances are hereby approved and accepted by the city council as being in accord and conformity with all ordinances, city plans and regulations of the City of St. Louis Park, provided, however, that this approval is made subject to the opinion of the City Attorney and Certification by the City Clerk and subject to the following conditions: 1. The site shall be developed, used and maintained in conformance with the official exhibits. The official exhibits include: a. Exhibit A: Tl Title sheet b. Exhibit B: ALTA land title survey c. Exhibit C: C2-1 Site plan d. Exhibit D: C3-1 Grading plan e. Exhibit E: C3-2 SWPPP f. Exhibit F: C3-3 SWPPP notes g. Exhibit G: C4-1 Utility plan h. Exhibit H: L1-1 Landscape plan i. Exhibit I: A300 Building elevations' j. Exhibit J: Photometric plan k. Exhibit k: Haul Route 2. All student drop-off and pick-up areas, including queuing lines, must be located on-site. 3. No more than 175 students may live on-site. 4. The student housing must be supervised by an adult that lives on-site 24 hours a day, seven days a week. 5. All residents, except the adult supervisor, must be students that are actively enrolled as a full-time student at the Yeshiva of Minneapolis. 6. The student housing must be located on the same parcel as the school. 7. The site must comply with the city's landscaping regulations. 8. Prior to issuing the building permit, the following conditions shall be met: a. Applicant shall submit a financial security in-the form of cash escrow or letter of credit in the amount of 125% of the costs of landscaping. b. Assent form and official exhibits must be signed by the applicant and owner. 9. All new utilities shall be buried. 10. A landscape boulevard must be provided between the street curb and the public sidewalk, in accordance with city engineering standards. 11. The rear and side yard variances are granted for the proposed addition only. Future additions to the portion of those buildings located within the 25-foot-rear- yard (north side) and 38.2-foot-side-yard (east side) are not permitted. 12. The GFAR and FAR variances are granted for the proposed addition and existing building only. Future additions to the building cannot be approved without another variance to the GFAR and/or FAR. Resolution No. 18-180 5 13. All required permits shall be obtained prior to starting construction, including but not limited to: a. NPDES grading/construction permit. b. City of St. Louis Park building, erosion control, right-of-way, and sign permits. c. Minnehaha Creek Watershed District storm water management permit. 14. Prior to issuance of city building or erosion control permits: a. The city assent form and the official exhibits shall be signed by property owner prior to issuance of a building permit. 15. Prior to the start of construction: a. A preconstruction meeting shall be held with the appropriate development, construction, private utility, and city representatives. b. A parking plan for construction workers and vehicles shall be submitted for administrative review and approval by the city. In addition to other remedies, the developer or owner shall pay an administrative fee of $750 per violation of any condition of this approval. The City Clerk is instructed to record certified copies of this resolution in the Office of the epin County Register of Deeds or Register of Titles as the case may be. ¢ } -·.,,_._ .. , .. Adopted by the City Council November 5, 2018 Attest: !