HomeMy WebLinkAbout18-143 - ADMIN Resolution - City Council - 2018/09/17Resolution No. 18-143
Resolution approving a conditional use permit and variances for
3601 Phillips Parkway
Whereas, Ben Delwiche of KaasWilson Architect, on behalf of North Shore Development
Partners, applied for a conditional use permit and variances for the purpose of constructing an
apartment building at 3601 Phillips Parkway; the property is legally described as follows, to -wit:
All that portion of Burlington Northern Railroad Company's (formerly Great Northern
Railway Company) 100 foot wide Hopkins to Hopkins Jct., Minnesota Branch Line Right -
of -Way, including improvements, if any, now discontinued, being 50 feet wide on each
side of said Railroad Company's Main Track centerline as originally located and
constructed upon, over and across the Southwest Quarter of Section 18, Township 117
North, Range 21 West, Hennepin County, Minnesota, bounded on the North by the
Southeasterly extension of the Northeasterly boundary line of the Federation Addition,
according to the recorded plat thereof, Hennepin County, Minnesota, and bounded on
the South by the following described line:
Commencing at the Southeast corner of said Southwest Quarter of Section 18; thence
South 89 degrees 04 minutes 39 seconds West, assumed bearing, a distance of 1086.15
feet, along the South line of said Southwest Quarter, to an intersection with the Easterly
line of said Burlington Northern Railroad Company's discontinued 100 foot right-of-way;
thence North 20 degrees 49 minutes 09 seconds East, a distance of 224.00 feet along
said Easterly line to the point of beginning of the line to be described; thence North 69
degrees 10 minutes 51 seconds West a distance of 44.73 feet; thence South 32 degrees
38 minutes 56 seconds west a distance of 269.61 feet to the intersection of said South
line of the Southwest Quarter of Section 18 and the Westerly line of said discontinued
right-of-way and said line there terminating.
Whereas, the property is guided High Density Residential in the Comprehensive Plan
future land use map.
Whereas, the property is located in the R -C High -Density Multiple -Family Residence
zoning district property.
Whereas, the site was formerly railroad right-of-way. The current multi -family use was
developed in 2003 and this use has continued to the present day.
Whereas, the applicants request a conditional use permit to allow a multiple -family
residence in the R -C zoning district, to allow more than one principal building on a lot, and to
allow import/export of more than 400 cubic yards of soil.
Whereas, the applicant requests variances from the requirements of Zoning Ordinance
Section 36-167(f)(2) to allow an increase of 0.02 to the maximum floor area ratio from 1.2 to
1.22, and to allow an increase of 0.16 to the maximum ground floor area ratio from 0.25 to
0.41; a variance from the requirements of Zoning Ordinance Section 36-361(c)(3) to allow a
reduction of 26 parking spaces to the number of required parking spaces from 230 to 204
required of multi -family residential buildings; and a variance from the requirements of Zoning
Resolution No. 18-143
Ordinance Sections 36-167(f)(8) and 36-167(f)(9) to allow a reduction of 27.5 feet to the
required west side yard from 54.5 feet to 27.0 feet, and a reduction of 41.5 feet to the required
east side yard from 49.5 feet to 8.0 feet required in the R -C High -Density Multiple -Family
Residence zoning district.
Findings
Whereas, the city council has determined that the applications meet the conditions for
multiple -family residences in the R -C zoning district conditions, including:
1. Access 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 traffic on local residential streets.
2. A minimum of 12% of the building lot shall be developed as designed outdoor
recreation area.
3. The minimum spacing between buildings shall be the average heights of the
buildings.
4. All buildings shall be located a minimum of 15 feet from the back of the curb line
of internal private roadways or parking lots.
5. Sidewalks with a minimum width of five feet shall be provided along all sides of the
lot that abut a public street. Sidewalks shall also be provided between the public
street and parking areas to all building entrances.
Whereas, the property is guided "High Density Residential" in the comprehensive plan,
which allows multi -family dwellings.
Whereas, the use of this property as a multi -family dwelling 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. 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 city code and
the zoning district in which the use is located. The proposed plan, with staff recommended
conditions of approval, will meet the conditions required for a multi -family dwelling and the
proposed building, parking lot and site improvements.
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 for the apartment building is consistent with the design and
other requirements of site and landscape plans 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 council.
Resolution No. 18-143
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 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 new building will
still meet landscaping and designed outdoor recreational area requirements, while
permitting the construction of a functional apartment building. The proposed
building is similar to the scale of other buildings in the area. Parking is provided
underground to maintain open space.
2. The proposed site plan reduces surface parking in order to help achieve the
outdoor amenity space requirement in the code. The ordinance allows reductions
in required parking when certain conditions exist. The presence of on -street
parking, the regional trail, and transit will help decrease parking demand on the
site.
3. The intent of the side yard requirements in the ordinance is to ensure sufficient
space between buildings and uses to avoid negative impacts on neighboring
properties. The reduced side yards will still allow sufficient space between
buildings, the regional trail, and adjacent uses.
Whereas, the variances are consistent with the comprehensive plan. They allow the
construction of a second apartment building on the site, which would otherwise not be possible
due to the narrow lot width of 100 feet. This second apartment building allows the site to help
meet the 2030 Comprehensive Plan goal to "provide a broad range of housing and
neighborhood development." The second building contains a mix of smaller units than the
existing building and offers more housing variety on the site. This project will also provide
amenities not previously available to residents.
Whereas, there are practical difficulties in complying with the Zoning Ordinance. The
request for variances is due to the narrow width of the property, which is not created by the
landowner but rather due to the history of the site as railroad right-of-way. The proposed
apartment building is similar in size, character and side yards to the existing apartment building
on site, and will not alter the essential character of the locality. Without these variances,
construction of an additional apartment building would be impossible.
Whereas, the granting of the variance is necessary for the preservation and enjoyment of
a substantial property right:
1. Due to the narrow width of the lot, without the ground floor area ratio and floor
area ratio variances to allow more intensive coverage of the lot, no new multi-
family residential building could be constructed on the site. With this proposal the
parcel meets the density allowed in the land use designation and meets outdoor
amenity requirements.
2. Due to the narrow width of the lot, without a parking variance no new multi -family
residential building could be constructed on the site that meets off-street parking
requirements.
Resolution No. 18-143 4
3. Meeting the required side yards would not allow for a functional building on the
site.
Whereas, the granting of the variances will not merely serve as a convenience to the
applicant but is necessary to alleviate a practical difficulty:
1. The narrow width of the lot creates a practical difficulty for any additional
development to meet maximum ground floor area ratio and floor area ratio
requirements.
2. Granting the parking variance alleviates the difficulty of construction 35 additional
off-street parking spaces on the narrow lot.
3. The narrow width of the lot creates a practical difficulty for any functional building
to meet required side yards.
Whereas, the contents of Case Nos. 18 -30 -CUP, 18 -34 -VAR, 18 -35 -VAR, 18 -36 -VAR, 18 -37 -
VAR, and 18 -38 -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:
SD -000 Cover Sheet
b.
Exhibit B:
SD -001 Area Map
c.
Exhibit C:
SD -002 Construction Plan
d.
Exhibit D:
SD -100 Site Plan
e.
Exhibit E:
SD -300 Floor Plans
f.
Exhibit F:
SD -301 Floor Plans
g.
Exhibit G:
SD -500 Exterior Elevations
h.
Exhibit H:
SD -501 Exterior Elevations
i.
Exhibit I:
SD -502 Perspectives
j.
Exhibit J:
C0.0 Title Sheet
k.
Exhibit K:
Survey
1.
Exhibit L:
C1.0 Removals Plan South
m.
Exhibit M:
C1.1 Removals Plan North
n.
Exhibit N:
C2.0 Site Plan South
o.
Exhibit O:
C2.1 Site Plan North
p.
Exhibit P:
C2.2 Site Plan Enlargements
q.
Exhibit Q:
C3.0 Grading Plan South
r.
Exhibit R:
C3.1 Grading Plan North
s.
Exhibit S:
C4.0 Utility Plan South
t.
Exhibit T:
C4.1 Utility Plan North
u.
Exhibit U:
1-1.0 Landscape Plan South
Resolution No. 18-143
v. Exhibit V: 11.1 Landscape Plan North
w. Exhibit W: SW1.0 SWPPP — Existing Conditions
x. Exhibit X: SW1.1 SWPPP— Proposed Conditions
y. Exhibit Y: SW1.3 SWPPP — Narrative
z. Exhibit Z: SW1.4 SWPPP —Attachments
aa. Exhibit AA: SW1.5 SWPPP - Attachments
bb. Exhibit BB: Haul Route
cc. Exhibit CC: Parking Management Plan
2. The off-street parking provided on the site shall be managed and used to
accommodate the parking demand of residents, guests and employees for both
buildings located on the property. Every dwelling unit shall have access to at least
one off-street parking space.
3. 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.
4. Prior to issuance of city building or erosion control permits:
a. The applicant shall amend the plans to show proof of parking for 41
additional bicycle parking spaces.
b. A parking management plan shall be submitted for administrative review
and approval by the city.
c. Additional details on the stormwater treatment facility shall be submitted
to the city for administrative review and approval.
d. The applicant shall coordinate with Three Rivers Park District on the design
and amenities in the proposed trail head south of the property.
e. A sign plan that conforms to all requirements in the zoning code shall be
submitted for city review and approval.
f. The city assent form and the official exhibits shall be signed by property
owner prior to issuance of a building permit.
5. Prior to the start of construction:
a. Pictures shall be taken of the pavement in the turnaround on Phillips
Parkway to document any additional damage caused by construction
traffic.
b. A preconstruction meeting shall be held with the appropriate
development, construction, private utility, and city representatives.
c. A parking plan for construction workers and vehicles shall be submitted for
administrative review and approval by the city.
6. 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.
Attest:
Adopted by the City Council September 17, 2018