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HomeMy WebLinkAbout23-068 - ADMIN Resolution - City Council - 2023/05/15 Resolution No. 23-068 Resolution approving a conditional use permit to allow the construction of the Risor apartment building within the floodplain utilizing alternative construction methods at 3510 Beltline Blvd. Whereas Roers Companies applied for a conditional use permit (Case No. 23-05-CUP) to allow the Risor apartment building to be construction within the floodplain utilizing alternative construction methods at 3510 Beltline Blvd.; the property is legally described as follows, to-wit: Lot 1, Block 1, “Belt Line Industrial Park 5th Addition”, Hennepin County, Minnesota. Whereas the property is located in the PUD-21 zoning district. Whereas city code section 36-297(c)(1) allows the construction of buildings within the floodplain utilizing alternative construction methods instead of placing additional fill in the floodplain to extend the regulatory flood protection elevation a minimum of 15 feet from the building. Whereas the city determined that the alternative construction methods for the construction of the apartment building is necessary for the following reasons: 1. It reduces the amount of fill in the floodplain and preserves natural flood storage. 2. The plan provides compensatory storage to offset fill placed in the floodplain, so the development does not reduce the volume of flood storage. 3. It preserves the pedestrian connection and interaction between the building and public way by minimizing barriers such as retaining walls and elevated entrances to the building. Whereas the use of the property as an apartment building 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 of alternative construction methods is not detrimental to the health, safety and general welfare of the community as a whole. Whereas the use of alternative construction methods is consistent with the regulations, intent and purpose of the city code. The approved plans meet the conditions required for alternative construction within a floodplain. Whereas the use will not have undue adverse impacts on governmental facilities, services or improvements which are either existing or proposed. Whereas the contents of Case No. 23-05-CUP are hereby entered into and made part of the record of decision for this case. DocuSign Envelope ID: ECA42BAF-680B-4175-AE12-5BC0CE802493 Conclusion Now therefore be it resolved that the conditional use permit is hereby approved for 3510 Beltline Blvd. to allow the construction of an apartment building within the floodplain utilizing alternative construction methods. 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 final grades around the building be completed as illustrated in Exhibit A -Site Plan, Exhibit B-Grading Plan. 2. A final elevation certificate shall be submitted upon completion of the final grade. 3. A floodproofing certificate shall be submitted upon completion of the final grade. 4. 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. 5. 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. Reviewed for administration: Adopted by the city council May 15, 2023. Kim Keller, city manager Jake Spano, mayor Attest: Melissa Kennedy, city clerk DocuSign Envelope ID: ECA42BAF-680B-4175-AE12-5BC0CE802493 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 ].Jamnik" 'of Counsel Thomas J.Campbell Roger N.Knutson* R etired CAMPBELL KNUTSON PROFESSIONAL ♦ASSOCIATION Septem ber 12,2023 M s.A m anda Scott -L erdal C ity of St.L ouis Park O ffi ce of the C ity C lerk 5005 M innetonka B lvd St.L ouis Park,MN 554 16 R e: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 appro ving a Conditional Use Permit to allow building and site im pro vements at 5804 Excelsior Boulevard,recorded September 11,2023 in the Office of the R egistra r of T itles fo r Hennepin County,as Torrens Document No.T6034867; •Resolution No.23-067 appro ving a C onditional U se Permit to allow the construction of the C orsa A partm ent B uilding w ithin the floodplain utilizing altern ative constru ction m ethods at 3440 B eltline B oulevard,recorded Septem ber 11,2023 in the O ffi ce of the R egistra r of T itles fo r H ennepin C ounty,as T orrens D ocum ent N o.T6034871;and •Resolution No.23-068 appro ving a C onditional U se Perm it to allow the constru ction of the R isor A partm ent B uilding w ithin the floodplain utilizing altern ative constru ction m ethods at 3510 B eltline B oulevard,recorded Septem ber 11,2023 in the O ffi ce of the R egistra r of T itles fo r H ennepin C ounty ,as T orrens D ocum ent N o.T6034881. T hese docum ents w ere e-recorded.T herefo re,I have stapled the e-recorded docum ents to the original certifi ed copies pro vided fo r recording. If you have any questions regarding the above,please give m e a call. T hank you. R espectfu I ly, Grand Oak Office Center I 860 Blue Gentian Road Suite 290 Eagan,Minnesota 55121 Main:651-452-5000 Fa x:651-234-6237 www.ck-law.com CAMPBELL KNUTSON Professional Association Stuart M .T eigen,L egal A ssistant /sm t E nclosures 211919v5 RECEIVED SEP 15 2023 pFFICE OF THE CITY CLERE 1111 1111 1111 1111111111 LA ND TYPE To rrens (T) DO C NUM 6034881 Certified,fil ed and/or recorded on Sep 11,2023 11:17 AM O ffice of the Registrar of Titles Hennepin County,Minnesota Am ber Bougie,Registrar of Titles Daniel Rogan,County Auditor and Treasurer Deputy 92 Pkg ID 2600932E Existing Certs 15 47463 Docum ent Recording Fee Document Total This cover sheet is now a perm anent part of the recorded docum ent. $46.00 $46.00 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.23-068 adopted May 15,2023,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. ¢GO ,O,««·«.,83t,',, $°%3 O;CORPORATE ·;7•.».. Date:August 31,2023 . DocuSign Envelope ID:ECA42BAF-680B-4175-AE12-5BC0CE802493 Resolution No.23-068 Resolution approving a conditional use permit to allow the constru ction of the Risor apartm ent building within the floodplain utilizing alternative construction methods at 3510 Beltline Blvd. Whereas Roers Companies applied for a conditional use permit (Case No.23-05-CUP)to allow the Risor apartment building to be construction within the floodplain utilizing alternative construction methods at 3510 Beltline Blvd.;the property is legally described as follows,to-wit: Lot 1,Block 1,"Belt Line Industrial Park 5 Addition",Hennepin County,Minnesota. Whereas the property is located in the PUD-21 zoning district. Whereas city code section 36-297(c)(1)allows the construction of buildings within the floodplain utilizing alternative construction methods instead of placing additional fill in the floodplain to extend the regulatory flood protection elevation a minimum of 15 feet from the building. Whereas the city determined that the alternative construction methods for the construction of the apartment building is necessary for the following reasons: 1.It reduces the amount of fill in the floodplain and preserves natural flood storage. 2.The plan provides compensatory storage to offset fill placed in the floodplain,so the development does not reduce the volume of flood storage. 3.It preserves the pedestrian connection and interaction between the building and public way by minimizing barriers such as retaining walls and elevated entrances to the building. Whereas the use of the property as an apartment building 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 of alternative construction methods is not detrimental to the health, safety and general welfare of the community as a whole. Whereas the use of alternative construction methods is consistent with the regulations, intent and purpose of the city code.The approved plans meet the conditions required for alternative construction within a floodplain. Whereas the use will not have undue adverse impacts on governmental facilities,services or improvements which are either existing or proposed. Whereas the contents of Case No.23-05-CUP are hereby entered into and made part of the record of decision for this case. . DocuSign Envelope iD:ECA42BAF-680-4175-AE12-5BC0CE802493 Conclusion Now therefore be it resolved that the conditional use permit is hereby approved for 3510 Beltline Blvd.to allow the construction of an apartment building within the floodplain utilizing alternative construction methods.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 final grades around the building be completed as illustrated in Exhibit A-Site Plan, Exhibit B-Grading Plan. 2.A final elevation certificate shall be submitted upon completion of the final grade. 3.A flood proofing certificate shall be submitted upon completion of the final grade. 4.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. 5.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. Reviewed for administration: Kim Keller,city manager Attest: 2CFSSTCSE0439...Melissa Kennedy,city clerk Adopted by the city council May 15,2023. Jake Spano,mayor JI St.Louis ParkJllrssor STATE OF MINNESOTA ) CO UNTY OF HENNEPIN )ss CITY OF ST.LOUIS PARK ) The undersigned hereby certifies the following: City clerk's office SOOS 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.23-068 adopted May 15,2023,and on file in the Office of the City Clerk. 2)The city council meeting was held upon due call and notice. W ITNESS my hand and the Seal oft he City of St.Louis Park. Date:August 31,2023 DocuSign Envelope ID:ECA42AF-680B-4175-AE12-5BC0CE802493 Resolution No.23-068 Resolution approving a conditional use permit to allow the construction of the Risor apartment building within the floodplain utilizing alternative construction methods at 3510 Beltline Blvd. Whereas Roers Companies applied for a conditional use permit (Case No.23-05-CUP)to allow the Risor apartment building to be construction within the floodplain utilizing alternative construction methods at 3510 Beltline Blvd.;the property is legally described as follows,to-wit: Lot 1,Block 1,"Belt Line Industrial Park 5 Addition",Hennepin County,Minnesota. Whereas the property is located in the PUD-21 zoning district. Whereas city code section 36-297(c)(1)allows the construction of buildings within the floodplain utilizing alternative construction methods instead of placing additional fill in the floodplain to extend the regulatory flood protection elevation a minimum of 15 feet from the building. Whereas the city determined that the alternative construction methods for the construction of the apartment building is necessary for the following reasons: 1.It reduces the amount of fill in the floodplain and preserves natural flood storage. 2.The plan provides compensatory storage to offset fill placed in the floodplain,so the development does not reduce the volume of flood storage. 3.It preserves the pedestrian connection and interaction between the building and public way by minimizing barriers such as retaining walls and elevated entrances to the building. Whereas the use of the property as an apartment building 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 of alternative construction methods is not detrimental to the health, safety and general welfare of the community as a whole. Whereas the use of alternative construction methods is consistent with the regulations, intent and purpose of the city code.The approved plans meet the conditions required for alternative construction within a floodplain. Whereas the use will not have undue adverse impacts on governmental facilities,services or improvements which are either existing or proposed. Whereas the contents of Case No.23-05-CUP are hereby entered into and made part of the record of decision for this case. DocuSign Envelope ID:ECA42BAF-680B-4175-AE12-5BC0CE802493 }t Conclusion Now therefore be it resolved that the conditional use permit is hereby approved for 3510 Beltline Blvd.to allow the construction of an apartment building within the floodplain utilizing alternative construction methods.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 final grades around the building be completed as illustrated in Exhibit A-Site Plan, Exhibit B-Grading Plan. 2.A final elevation certificate shall be submitted upon completion of the final grade. 3.A floodproofing certificate shall be submitted upon completion of the final grade. 4.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. 5.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. Reviewed for administration: Kim Keller,city manager Attest: Melissa Kennedy,city clerk Adopted by the city council May 15,2023. Gf~"'•·""•5932E0777049430.Jake Spano,mayor