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HomeMy WebLinkAbout20-120 - ADMIN Resolution - City Council - 2020/08/17Resolution No. 20-120 A resolution granting variance a from Section 36-361(C)(3) of the zoning ordinance to allow 324 parking spaces instead of the required 349 parking spaces at 6009 Wayzata Boulevard, 1341 Colorado Avenue S., 1345 Colorado Avenue S., 6112 14th Street West Whereas, Patrick Giordana on behalf of SLP Investment Partners LLC C/O The Davis Group, applied for a variance from the requirements of the Zoning Ordinance Section 36 - 361(C)(3) to allow provide 324 parking spaces instead of the requ ired 349 parking spaces; and Whereas, the property is located at 6009 Wayzata Boulevard, 1341 Colorado Avenue S., 1345 Colorado Avenue. S., 6112 14th Street West; the property is legally described as follows, to-wit: Lot 1, Block 1, XCHANGE, Hennepin County, Minnesota Whereas, the property is located in the O – Office zoning district, the Travel Demand Management zoning overlay district B, and the Floodplain Overlay zoning district; and Whereas, a medical office building is a permitted use in the office zoning district, and Whereas, the proposed building is outside of the floodplain and does not meet the required thresholds for travel demand management mitigation; and Whereas, the planning commission reviewed the application for variance Case No. 20-12- VAR on August 5, 2020; and Findings Whereas, the property is guided “Office” in the comprehensive plan, which allows medical office buildings. Whereas, the city council has determined that the application meets the conditions for a medical office building in the O – Office zoning district. Whereas, the variance is in harmony with the general purposes and intent of the Zoning Ordinance. The medical office building is located within the office zoning district and is surrounding by other office uses to the south and west. Whereas, the variance is consistent with the comprehensive plan. It allows the construction of a medical office building, and redevelops four dated existing officing buildings into a class A office building. Whereas, the streets surrounding the development site are too narrow to permit on - street parking to be counted toward the required parking for the development. DocuSign Envelope ID: 98CBD0E6-A8FC-456B-A1E9-8DEEA34EE8F3 Resolution No. 20-120 2 Whereas, the research from other local jurisdictions and the Institute of Transportation Engineers demonstrate a need for the city to require less parking than city code requires for medical office uses. Whereas, the developer experience from other similarly sized medical office buildings in the metro area show a need to provide fewer parking spaces than required by city code. Whereas, city staff worked with the developer to construct twenty fewer parking spaces on top of the variance request until such a time additional parking may be deemed necessary by either the city or the developer. Whereas, the use of this property as a medical office building is consistent with and supportive of principles, goals, objectives, land use designations, redevelopment plans, neighborhood objectives, and implementation strategies of the comprehensive plan. Whereas, the use is not detrimental to the health, safety, morals and general welfare of the community as a whole. Whereas, the use is in harmony with the general purposes and intent of city code and the zoning district in which the use is located. The proposed plan, with staff recommended conditions of approval, will meet the zoning requirement for a new building in the office district including the proposed building, parking lot and site improvements. Whereas, there are circumstances such as the shape, topography, water, conditions or other physical conditions unique to the property, including a portion of the site being located within FEMA Floodzone A which limits the location of any buildings on the site and how flood storage and compensatory flood storage is accommodated. Whereas, the granting of the variance is necessary for the preservation and enjoyment of a substantial property right, as the applicant will be using the top floor of the building as a surgery center which requires less parking than typical medical office uses. Whereas, the granting of the variance will not impair an adequate supply of light and air to adjacent properties, unreasonably increase congestion in the public streets or increase the danger of fire or endanger public safety, since the building is separated from adjacent properties by public streets, railroad right-of-way, and large setbacks. The development poses no threat of fire or public safety. Whereas, there are practical difficulties in complying with the Zoning Ordinance. The request for the variance is due in part to the narrow right-of-way surrounding the site, and to the city’s one-size fits all parking requirement for medical office buildings. There is professional research, local examples of parking requirements, and existing medical offices in the m etro area that demonstrate the need to require less parking for medical office uses than allowed under the city’s parking ordinance. Whereas, the contents of Case No. 20-12-VAR is hereby entered into and made part of the record of decision for this case. DocuSign Envelope ID: 98CBD0E6-A8FC-456B-A1E9-8DEEA34EE8F3 Resolution No. 20-120 3 Conclusion Now therefore be it resolved that the variance is 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 thi s approval is made subject to the opinion of the City Attorney and certification by the City Clerk and subject to the following conditions: 1. City council approval of an associated request to vacate a portion of 14th Street West road right-of-way is required (Case No. 20-12-VAC). 2. The site shall be developed, used and maintained in conformance with the official exhibits. 3. An agreement regarding the proof of parking shall be executed between the City of St. Louis Park and the developer. 4. Any future changes to the building that expand the gross floor area of the building for a use with the same or more restrictive parking requirements cannot be approved without another variance to the parking for the site. 5. All required permits shall be obtained prior to starting construction, including but not limited to: a. NPDES grading/construction permit. b. City building, erosion control, right-of-way and sign permits. c. Bassett Creek Watershed District stormwater management permit. 6. The city assent form and the official exhibits shall be signed by property owner prior to issuance of a building permit. 7. 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 Hennepin County Register of Deeds or Register of Titles as the case may be. Reviewed for administration: Adopted by the City Council August 17, 2020 Thomas K. Harmening, city manager Jake Spano, mayor Attest: Melissa Kennedy, city clerk DocuSign Envelope ID: 98CBD0E6-A8FC-456B-A1E9-8DEEA34EE8F3