HomeMy WebLinkAbout23-057 - ADMIN Resolution - City Council - 2023/05/01Resolution No. 23-057
Resolution approving a conditional use permit to allow building and site
improvements at 5804 Excelsior Boulevard
Whereas, Bob Schaffer, on behalf of Foundation Architects, applied for a conditional use
permit (Case No. 23-02-CUP) to complete building expansion and site improvements at Family
Orthodontics located at 5804 Excelsior Boulevard; the property is legally described as follows,
to-wit:
Lots 19 and 20, Block 4, “Meadowbrook Addition”, Hennepin County, Minnesota.
Whereas the proposed building addition increases the total impervious surface from 79%
to 83% and therefore increases the site’s intensity classification from class 5 to class 6.
Whereas the property is guided commercial in the comprehensive plan future land use
map.
Whereas the property is located in the C-1 Neighborhood Commercial zoning district.
Whereas the city council has determined that the application meets the conditions for a
use exceeding classification 4 in the C-1 zoning district, including:
1. The property has its primary access to a roadway identified in the comprehensive plan
as an arterial and provides access without generating significant traffic on local
residential streets.
2. Building is located a minimum of 25 feet from any parcel that is zoned residential
and used or subdivided for residential or has an occupied institutional building
including but not limited to a school, religious institution, or community center.
3. The use is in conformance with the comprehensive plan including any provisions of
the redevelopment chapter and the plan by neighborhood policies for the
neighborhood in which it is located.
4. The cumulative gross floor area for the use does not exceed 10,000 square feet.
Whereas the use of the property as a dental office is consistent with and supportive of the
principles, goals, objectives, land use designations, redeve lopment plans, neighborhood
objectives, and implementation strategies of the comprehensive plan.
Whereas the use is not detrimental to the health, safety and general welfare of the
community as a whole. It will not have undue adverse impacts on the use a nd enjoyment of
properties, existing and anticipated traffic conditions, parking facilities on adjacent streets, and
values of properties in close proximity to the use.
Whereas the use is consistent with the regulations, intent and purpose of the city code
and the zoning district in which the use is located. The proposed plan will meet the conditions
required for a use exceeding intensity classification 4.
DocuSign Envelope ID: F2A76EEB-DAD8-494C-84F8-8F464D8A95F2
Whereas the use will not have undue adverse impacts on governmental facilities, services
or improvements which are either existing or proposed.
Whereas the site design of the proposal is consistent with site and landscaping plan
requirements and is prepared by or under the 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.
Whereas the use and site design are consistent with the city’s stormwater, sanitary sewer,
and water plans. On-site stormwater management improvements will be made as part of the
site improvements. The existing utilities have capacity for the use.
Whereas the contents of Case No. 23-02-CUP 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 is hereby approved for 5804
Excelsior Boulevard to allow 83% impervious surface on the property. The application is
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: A1.1 Floor Plan
b. Exhibit B: A201 Exterior Elevations
c. Exhibit C: Survey
d. Exhibit D: C100 Selective Site Demolition and Erosion Control Plan
e. Exhibit E: C200 Grading, Drainage, and Erosion Control Plan
f. Exhibit F: C300 Utility Plan
g. Exhibit G: C400 Paving and Geometric Plan
h. Exhibit H: Tree Preservation Plan
i. Exhibit I: Landscape Plan
2. The site shall be developed, used and maintained in accordance with the conditions of
this ordinance, approved official exhibits, and city code.
3. All utilities shall be buried.
4. 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 stormwater management permit.
DocuSign Envelope ID: F2A76EEB-DAD8-494C-84F8-8F464D8A95F2
5. Prior to starting any land disturbing activities, the following conditions shall be met:
a. A development contract shall be executed between the developer and city that
addresses, at a minimum:
i. The conditions of CUP approval as applicable or appropriate.
ii. A performance guarantee in the form of cash escrow or irrevocable
letter of credit shall be provided to the City of St. Louis Park in the
amount of 1.25 times of the costs of all public improvements
(sidewalks, curbs, and boulevards), and landscaping.
iii. Submit as-builts in accordance with city requirements.
iv. The developer shall reimburse city attorney’s fees in drafting/reviewing
such documents as required in the final CUP approval.
v. The mayor and city manager are authorized to execute said planning
development contract.
b. A preconstruction meeting shall be held with the appropriate development,
construction, private utility, and city representatives.
c. Final construction plans for all improvements shall be signed by a registered
engineer and submitted to the city engineer for review and approval.
6. The developer shall comply with the following conditions during construction:
a. All city noise ordinances shall be complied with, including that there be no
construction activity between the hours of 8 p.m. and 7 a.m. Monday through
Friday, and between 8 p.m. and 9 a.m. on weekends and holidays.
b. The site shall be kept free of dust and debris that could blow onto neighboring
properties.
c. Public streets shall be maintained free of dirt and shall be cleaned as necessary.
d. The city shall be contacted a minimum of 72 hours prior to any work in a public
street.
e. Work in a public street shall take place only upon the determination by the city
engineer (or designee) that appropriate safety measures have been taken to
ensure motorist and pedestrian safety.
f. Temporary electric power connections shall not adversely impact surrounding
neighborhood service.
7. 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.
8. The conditional use permit shall be revoked and cancelled if the building or structure
for which the conditional use permit is granted is removed.
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.
DocuSign Envelope ID: F2A76EEB-DAD8-494C-84F8-8F464D8A95F2
Reviewed for administration: Adopted by the city council May 1, 2023
Kim Keller, city manager Jake Spano, mayor
Attest:
Melissa Kennedy, city clerk
DocuSign Envelope ID: F2A76EEB-DAD8-494C-84F8-8F464D8A95F2
Elliott B.Knetsch
Andrea McDowell Poehler
Soren M.Mattick
David S.Kendall
Jared D.Shepherd
Henry A.Schaeffer,III
Alina Schwartz
James J.Monge,III
Jerome M.Porter
Leah C.M.Koch
Meagan K.Kelley
Benjamin J.Colburn
Cara A.McDonald
Jack S.Brooksbank
Cole A.Birkeland
Amy K.L.Schmidt
Joel J.Jamnik'
'of Counsel
Thomas ].Campbell
Roger N.Knutson
Retired
CAMPBELL KNUTSON
I PROFESSIONAL ♦ASSOCIATION
September 12,2023
Ms.Amanda Scott-Lerdal
City of St.Louis Park
Office of the City Clerk
5005 Minnetonka Blvd
St.Louis Park,MN 55416
Re:Miscellaneous Recordings
Ms.Scott-Lerdal:
Enclosed and returned to you:
•Resolution No.21-066 approving the preliminary and final plat of Belt Line Industrial
Park 4 Addition,recorded September 8,2023 in the Office of the Registrar of Titles
for Hennepin County,as Torrens Document No.T6034566;
•Resolution No.23-057 approving a Conditional Use Permit to allow building and site
improvements at 5804 Excelsior Boulevard,recorded September 11,2023 in the Office
of the Registrar of Titles for Hennepin County,as Torrens Document No.T6034867;
•Resolution No.23-067 approving a Conditional Use Permit to allow the construction
of the Corsa Apartment Building within the floodplain utilizing alternative construction
methods at 3440 Beltline Boulevard,recorded September 11,2023 in the Office of the
Registrar of Titles for Hennepin County,as Torrens Document No.T6034871;and
•Resolution No.23-068 approving a Conditional Use Permit to allow the construction
of the Risor Apartment Building within the floodplain utilizing alternative construction
methods at 3 510 Beltline Boulevard,recorded September 11,2023 in the Office of the
Registrar of Titles for Hennepin County,as Torrens Document No.T6034881.
These documents were e-recorded.Therefore,I have stapled thee-recorded documents
to the original certified copies provided for recording.
If you have any questions regarding the above,please give me a call.
Thank you.
Respectfully,
Grand Oak Office Center I
860 Blue Gentian Road
Suite 290
Eagan,Minnesota 5 5 121
Main:651-452-5000
Fax:651-234-6237
www.ck-law.com
CAMP BELL KNU TSON
Professional Association
Stuart M.Teigen,Legal Assistant
/smt
Enclosures
211919v5
RECEIVED
SEP 15 2023
FFICE OF THE CITY CLERK
IN'III IN INII
LAND TYPE Torrens (T)
DOC NUM 6034867
Certified,filed and/or recorded on
Sep 11,2023 11:13 AM
Office of the Registrar of Titles
Hennepin County,Minnesota
Amber Bougie,Registrar of Titles
Daniel Rogan,County Auditor and Treasurer
Deputy 92 Pkg ID 2600926E
Existing Certs
1504205
Document Recording Fee
Document Total
This cover sheet is now a permanent part of the recorded document.
$46.00
$46.00
I St.Louis ParkJJfsor»
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )ss
CITY OF ST.LOUIS PARK )
The undersigned hereby certifies the following:
City clerk's office
5005 Minnetonka Blvd.
St.Louis Park,MN 55416
952.928.2840
"CITY COUNCIL RESOLUTION"
1)The attached is a full,true and correct copy of the original
Resolution No.23-057 adopted May 1,2023,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.
Date:August 31,2023
DocuSign Envelop e ID:F2A76EEB-DAD 8-494C-84F8-8F464D08A495F2
Resolution No.23-057
Resolution approving a conditional use perm it to allow building and site
im provem ents at 5804 Excelsior Boulevard
Whereas,Bob Schaffer,on behalf of Foundation Architects,applied for a conditional use
permit (Case No.23-02-CUP)to complete building expansion and site improvements at Family
Orthodontics located at 5804 Excelsior Boulevard;the property is legally described as follows,
to-wit:
Lots 19 and 20,Block 4,"Meadowbrook Addition",Hennepin County,Minnesota.
Whereas the proposed building addition increases the total impervious surface from 79%
to 83%and therefore increases the site's intensity classification from class 5 to class 6.
Whereas the property is guided commercial in the comprehensive plan future land use
map.
Whereas the property is located in the C-1 Neighborhood Commercial zoning district.
Whereas the city council has determined that the application meets the conditions for a
use exceeding classification 4 in the C-1 zoning district,including:
1.The property has its primary access to a roadway identified in the comprehensive plan
as an arterial and provides access without generating significant traffic on local
residential streets.
2.Building is located a minimum of 25 feet from any parcel that is zoned residential
and used or subdivided for residential or has an occupied institutional building
including but not limited to a school,religious institution,or community center.
3.The use is in conformance with the comprehensive plan including any provisions of
the redevelopment chapter and the plan by neighborhood policies for the
neighborhood in which it is located.
4.The cumulative gross floor area for the use does not exceed 10,000 square feet.
Whereas the use of the property as a denta I office is consistent with and supportive of the
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 and general welfare of the
community as a whole.It will not have undue adverse impacts on the use and enjoyment of
properties,existing and anticipated traffic conditions,parking facilities on adjacent streets,and
values of properties in close proximity to the use.
Whereas the use is consistent with the regulations,intent and purpose of the city code
and the zoning district in which the use is located.The proposed plan will meet the conditions
required for a use exceeding intensity classification 4.
DocuSign Envelope ID:F2A76EEB-DAD8-494C-84F8-8F464D08A95F2
Whereas the use will not have undue adverse impacts on governmental facilities,services
or improvements which are either existing or proposed.
Whereas the site design of the proposal is consistent with site and landscaping plan
requirements and is prepared by or under the 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.
Whereas the use and site design are consistent with the city's stormwater,sanitary sewer,
and water plans.On-site stormwater management improvements will be made as part of the
site improvements.The existing utilities have capacity for the use.
Whereas the contents of Case No.23-02-CUP 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 is hereby approved for 5804
Excelsior Boulevard to allow 83%impervious surface on the property.The application is
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:Al.1 Floor Plan
b.Exhibit B:A201 Exterior Elevations
c.Exhibit C:Survey
d.Exhibit D:Cl00 Selective Site Demolition and Erosion Control Plan
e.Exhibit E:C200 Grading,Drainage,and Erosion Control Plan
f.Exhibit F:C300 Utility Plan
g.Exhibit G:C400 Paving and Geometric Plan
h.Exhibit H:Tree Preservation Plan
i.Exhibit I:Landscape Plan
2.The site shall be developed,used and maintained in accordance with the conditions of
this ordinance,approved official exhibits,and city code.
3.All utilities shall be buried.
4.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 stormwater management permit.
DocuSign Envelope ID:F2A76EEB-DAD8494C-84F8-8F46408A495F2
5.Prior to starting any land disturbing activities,the following conditions shall be met:
a.A development contract shall be executed between the developer and city that
addresses,at a minimum:
i.The conditions of CUP approval as applicable or appropriate.
ii.A performance guarantee in the form of cash escrow or irrevocable
letter of credit shall be provided to the City of St.Louis Park in the
amount of 1.25 times of the costs of all public improvements
(sidewalks,curbs,and boulevards),and landscaping.
iii.Submit as-builts in accordance with city requirements.
iv.The developer shall reimburse city attorney's fees in drafting/reviewing
such documents as required in the final CUP approval.
v.The mayor and city manager are authorized to execute said planning
development contract.
b.A preconstruction meeting shall be held with the appropriate development,
construction,private utility,and city representatives.
c.Final construction plans for all improvements shall be signed by a registered
engineer and submitted to the city engineer for review and approval.
6.The developer shall comply with the following conditions during construction:
a.All city noise ordinances shall be complied with,including that there be no
construction activity between the hours of 8 p.m.and 7 a.m.Monday through
Friday,and between 8 p.m.and 9 a.m.on weekends and holidays.
b.The site shall be kept free of dust and debris that could blow onto neighboring
properties.
c.Public streets shall be maintained free of dirt and shall be cleaned as necessary.
d.The city shall be contacted a minimum of 72 hours prior to any work in a public
street.
e.Work in a public street shall take place only upon the determination by the city
engineer (or designee)that appropriate safety measures have been taken to
ensure motorist and pedestrian safety.
f.Temporary electric power connections shall not adversely impact surrounding
neighborhood service.
7.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.
8.The conditional use permit shall be revoked and cancelled if the building or structure
for which the conditional use permit is granted is removed.
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.
t 4
D ocuS ign Envelope ID :F2A 76EE B-D A D 8-494C -84 F8-8F464 D 8495F2
Reviewed for administration:
EIe9pc3+04b..Kim Keller,city manager
Attest:
Melissa Kennedy,city clerk
Adopted by the city council May 1,2023
Jake Spano,mayor
•
JI St.Louis Parklssesor
prince,LIFE w #e Fe
STATE OF M INNESOTA )
CO UNTY OF HENNEPIN )ss
CITY OF ST.LO UIS PARK )
The undersigned hereby certifies the following:
City clerk's office
5005 Minnetonka Blvd.
St.Louis Park,MN 55416
952.928.2840
"CITY COUNCIL RESOLUTION"
1)The attached is a full,true and correct copy of the original
Resolution No.23-057 adopted M ay 1,2023,and on file in the
Office of the City Clerk.
2)The city council m eeting was held upon due call and notice.
W ITNESS m y hand and the Seal of the City of St.Louis Park.
.
Date:August 31,2023
DocuSign Envelope ID:F2A76EEB-DAD8-494C-84F8-8F464D8A95F2
Resolution No.23-057
Resolution approving a conditional use permit to allow building and site
improvements at 5804 Excelsior Boulevard
Whereas,Bob Schaffer,on behalf of Foundation Architects,applied for a conditional use
permit {Case No.23-02-CUP)to complete building expansion and site improvements at Family
Orthodontics located at 5804 Excelsior Boulevard;the property is legally described as follows,
to-wit:
Lots 19 and 20,Block 4,"Meadowbrook Addition",Hennepin County,Minnesota.
Whereas the proposed building addition increases the total impervious surface from 79%
to 83%and therefore increases the site's intensity classification from class 5 to class 6.
Whereas the property is guided commercial in the comprehensive plan future land use
map.
Whereas the property is located in the C-1 Neighborhood Commercial zoning district.
Whereas the city council has determined that the application meets the conditions for a
use exceeding classification 4 in the C-1 zoning district,including:
1.The property has its primary access to a roadway identified in the comprehensive plan
as an arterial and provides access without generating significant traffic on local
residential streets.
2.Building is located a minimum of 25 feet from any parcel that is zoned residential
and used or subdivided for residential or has an occupied institutional building
including but not limited to a school,religious institution,or community center.
3.The use is in conformance with the comprehensive plan including any provisions of
the redevelopment chapter and the plan by neighborhood policies for the
neighborhood in which it is located.
4.The cumulative gross floor area for the use does not exceed 10,000 square feet.
Whereas the use of the property as a dental office is consistent with and supportive of the
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 and general welfare of the
community as a whole.It will not have undue adverse impacts on the use and enjoyment of
properties,existing and anticipated traffic conditions,parking facilities on adjacent streets,and
values of properties in close proximity to the use.
Whereas the use is consistent with the regulations,intent and purpose of the city code
and the zoning district in which the use is located.The proposed plan will meet the conditions
required for a use exceeding intensity classification 4.
DocuSign Envelope ID:F2A76EEB-DAD8-494C-84F8-8F464D8A495F2
Whereas the use w ill not have undue adverse im pacts on govern m ental fa cilities,serv ices
or im p ro vem ents w hich are either existing or pro posed.
Whereas the site design of the proposal is co nsistent w ith site and landscaping plan
req uirem ents and is prepared by or under the direction of a professional landscape architect or
civil engineer registered in the state and adopted as part of the co nditions im posed on the use
by the city.
Whereas the use and site design are consistent w ith the city's storm w ater,sanitary sew er,
and w ater plans.On-site storm w ater m anagem ent im provem ents w ill be m ade as part of the
site im p ro vem ents.The existing utilities have capacity fo r the use.
Whereas the co ntents of Case No.23-02-CUP are hereby entered into and m ade part of
the record of decisio n fo r this case.
Conclusion
Now therefore be it resolved that the co nditional use perm it is hereby approved fo r 5804
Excelsio r Boulevard to allow 83%im pervious surfa ce on the pro perty.The application is
accepted by the ci ty council as being in accord and confo rm ity w ith all ordinances,city plans
and regulatio ns of the City of St.Louis Park,pro vided,how ever,that this appro val is m ade
subject to the opinion of the ci ty att orn ey and certification by the city clerk and subject to the
fo llo w ing conditio ns:
1.The site shall be developed,used,and m aintained in co nfo rm ance w ith the official
exhib its.The off icial exhibits incl ude:
a.Exhibit A:Al.1 Floor Plan
b.Exhibit B:A201 Exterior Elevations
c.Exhibit C:Survey
d.Exhibit D:Cl00 Selective Site Dem olition and Ero sion Control Plan
e.Exhibit E:C200 Grading,Drainage,and Ero sion Contro l Plan
f.Exhibit F:C300 Utility Plan
g.Exhibit G:C400 Paving and Geom etric Plan
h.Exhibit H:Tree Preservation Plan
i.Exhibit I:Landscape Plan
2.The site shall be developed,used and m aintained in accordance w ith the co nditions of
this ordinance,appro ved off icial exhibits,and ci ty code.
3.All utilities shall be buried.
4.All required perm its shall be obtained prior to start ing construction,including but not
lim ited to:
a.N PD ES grading/co nstruction perm it
b.City of St.Louis Park building,erosion contro l,right-of-w ay,and sign perm its.
c.M innehaha Creek W atershed District storm w ater m anagem ent perm it.
DocuSign Envelope ID:F2A76EEB-DAD8-494C-84F8-8F464D8A495F2
5.Prior to starting any land disturbing activities,the following conditions shall be met:
a.A development contract shall be executed between the developer and city that
addresses,at a minimum:
i.The conditions of CUP approval as applicable or appropriate.
ii.A performance guarantee in the form of cash escrow or irrevocable
letter of credit shall be provided to the City of St.Louis Park in the
amount of 1.25 times of the costs of all public improvements
(sidewalks,curbs,and boulevards),and landscaping.
iii.Submit as-builts in accordance with city requirements.
iv.The developer shall reimburse city attorney's fees in drafting/reviewing
such documents as required in the final CUP approval.
v.The mayor and city manager are authorized to execute said planning
development contract.
b.A preconstruction meeting shall be held with the appropriate development,
construction,private utility,and city representatives.
c.Final construction plans for all improvements shall be signed by a registered
engineer and submitted to the city engineer for review and approval.
6.The developer shall comply with the following conditions during construction:
a.All city noise ordinances shall be complied with,including that there be no
construction activity between the hours of 8 p.m.and 7 a.m.Monday through
Friday,and between 8 p.m.and 9 a.m.on weekends and holidays.
b.The site shall be kept free of dust and debris that could blow onto neighboring
properties.
c.Public streets shall be maintained free of dirt and shall be cleaned as necessary.
d.The city shall be contacted a minimum of 72 hours prior to any work in a public
street.
e.Work in a public street shall take place only upon the determination by the city
engineer (or designee)that appropriate safety measures have been taken to
ensure motorist and pedestrian safety.
f.Temporary electric power connections shall not adversely impact surrounding
neighborhood service.
7.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.
8.The conditional use permit shall be revoked and cancelled if the building or structure
for which the conditional use permit is granted is removed.
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.
DocuSign Envelope ID:F2A76EEB-DAD8-494C-84F8-8F464D8A95F2
Reviewed for administration:
Kim Keller,city manager
Attest:
Melissa Kennedy,city clerk
Adopted by the city council May 1,2023
GDocuSigned by:e-
Jake Spano,mayor