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HomeMy WebLinkAbout24-034 - ADMIN Resolution - City Council - 2024/03/18Resolution No. 24-034 Resolution amending and restating Resolution Nos. 2241 and 85-136 granting an amendment to an existing special permit under Section 36-37 of the St. Louis Park zoning ordinance to remove an outdoor pool and add outdoor resident amenities areas at 2888 Joppa Ave. S. and 4310 Minnetonka Blvd. Whereas, Thomas Nelson applied for a minor amendment to an existing special permit under Section 36-37 of the St. Louis Park Ordinance Code to allow removal of an outdoor pool and to add outdoor resident amenities areas at 2888 Joppa Ave. S. and 4310 Minnetonka Blvd. The property is legally described as follows, to-wit: Par 1: Lots 2 to 9 inclusive, Block 1, and that part of the alley in said block now vacated, between extensions northward of the East line of said Lot 2 and the West line of said Lot 9, and the East 1/2 of Fern Avenue, now vacated, McCarty's 1st Addition to Fern Hill St. Louis Park, Minn; Par 2: Also that part of the South 1/2 of the Southwest Quarter of the Southeast Quarter of Section 31, Township 29, Range 24, lying East of the center line of Fern Avenue, now vacated, as said line is extended in a Northerly direction to the North line of the South 1/2 of the Southwest Quarter of the Southeast Quarter of Section 31, Township 29, Range 24, except the East 66 feet thereof and except the West 34 feet of the East 100 feet of the South 515 feet thereof lying North of that part thereof embraced in the plat of McCarty's 1st Addition to Fern Hill, St. Louis Park, Minnesota and except that part thereof embraced in the plat of McCarty's 1st Addition to Fern Hill, St. Louis Park, Minn. Par 3: The North 80 feet of the West 34 feet of the East 100 feet of the South 515 feet of the South 1/2 of the Southwest Quarter of the Southeast Quarter of Section 31, Township 29, Range 24. Whereas, The City Council has considered the information related to Planning Case No. 24-06-SP and the effect of the proposed changes to the outdoor recreation areas on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, the effect on the value of properties in the surrounding area, consistency with the Comprehensive Plan, and compliance with the Zoning Ordinance. Whereas, a special permit was issued regarding the subject property pursuant to Resolution No. 2241 of the St. Louis Park City Council dated January 28, 1963, which contained conditions applicable to said property. Docusign Envelope ID: FE542E2A-35FD-4629-B2CC-EDA65F10B816 Whereas, an amendment to the special permit to allow multiple family dwellings and senior citizen housing at 4310 Minnetonka Boulevard and 2888 Joppa Avenue within a R-4, Multiple Family Residence District was approved pursuant to Resolution No. 85-136 of the St. Louis Park City Council dated September 16, 1985 which contained conditions applicable to said property; and Whereas, due to changed circumstances, amendments to those conditions are now necessary, requiring an amendment of that special permit. Whereas, it is the intent of this resolution to continue and restate the conditions of the permit granted by Resolution Nos. 2241 and 85-136, to add the amendments now required, and to consolidate all conditions applicable to the subject property in this resolution. Whereas, the contents of Case No. 24-06-SP are hereby entered into and made part of the public hearing record and the record of decision for this case. Now therefore be it resolved that Resolution Nos. 2241 and 85-136 are hereby restated and amended by this resolution which continues and amends a special permit to the subject property for the purposes of permitting allow multiple family dwellings and senior citizen housing within a R-4, Multiple Family Residence District at the location described above based on the following conditions: 1. That the project be developed and constructed in conformance with the elevation, perspective, floor plan, and final plan submitted by the applicant and marked Exhibits "A", "B", and "C" respectively. (Exhibits are on file in the City Development Department at the City of St. Louis Park.) 2. That the North 145 feet of this proposed development be left in its existing condition as a ponding area until adequate storm sewer drainage is constructed. 3. That the East exit on Minnetonka Boulevard as proposed on the residential unit plan be eliminated. 4. That a swimming pool be constructed as shown on Exhibit “1”. 3. That Exhibits A through C are hereby modified to allow the northern portion of the site to be developed, used and maintained in accordance with Exhibit D - Site Plan, Sheet 3; Exhibit E - Landscape Plan; Exhibit F - Floor Plans, Exhibit G - Elevations, and Exhibit H - Sketch. 4. The development shall consist of 4 apartment buildings, the 3 most southerly buildings are to be for conditional use, the most northerly building containing 30 units is hereby designated for senior citizen housing and subject to all provisions governing such housing under the City's zoning ordinance. 5. That a covenant shall be filed in a form approved by the City which designates the northerly portion of the site and the northerly building for senior citizen housing and limiting occupancy of the units by the elderly. 6. That all outdoor lighting be directed perpendicular to the ground (unless globe lighting) and that no standard be higher than 20 feel as measured from the ground. Docusign Envelope ID: FE542E2A-35FD-4629-B2CC-EDA65F10B816 7. There be no outdoor storage of trash or trash containers. 8. That all signage must meet the requirements of the zoning ordinance and no setback area can be used for signage. 9. The parking lot located on the east side of the senior citizen building be improved with poured in place concrete curbing, measuring at least six inches off the ground. 10. That all improvements Including buildings, landscaping, walkways and plazas, usable open space, parking, striping, and other improvements as contained on the exhibits be completed by May 15, 1987. 11. The special permit shall be amended on March 18, 2024, to incorporate the minor changes proposed by Case File 24-06-SP in regard to landscaping and outdoor amenities on the subject property, incorporate all of the preceding conditions and add the following conditions: a) The site shall be developed, used and maintained in accordance with the conditions of this ordinance, approved Official Exhibits, and City Code. b) All necessary permits shall be obtained prior to starting any land disturbing activities. c) Prior to issuance of city permits, 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 125% of the cost for all proposed site landscape plantings, in accordance with security requirements in City Code Section 36 - 364(m). d) The owner all comply with the following conditions during construction: i) All city noise ordinances shall be complied with, including that there be no construction activity between the hours of 7 p.m. and 7 a.m. Monday through Friday, and between 7 p.m. and 9 a.m. on weekends and holidays. ii) The site shall be kept free of dust and debris that could blow onto neighboring properties. iii) Public streets shall be maintained free of dirt and shall be cleaned as necessary. iv) The City shall be contacted a minimum of 72 hours prior to any work in a public street. e) Upon city approval of and acceptance of the private site improvements, the developer shall provide a one-year warranty and cash escrow or letter of credit for 25% of the final construction costs of the improvements. f) In addition to any other remedies, the developer or owner shal l pay an administrative fee of $750 per violation of any condition of this approval. g) The special permit shall be revoked and cancelled if the building or structure for which the special permit is granted is removed. It is further resolved that the City Clerk is instructed to record certified copies of this resolution in the Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be. Docusign Envelope ID: FE542E2A-35FD-4629-B2CC-EDA65F10B816 Reviewed for administration: Adopted by the City Council March 18, 2024 Kim Keller, city manager Nadia Mohamed, mayor Attest: Melissa Kennedy, city clerk Docusign Envelope ID: FE542E2A-35FD-4629-B2CC-EDA65F10B816