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HomeMy WebLinkAbout95-95 - ADMIN Resolution - City Council - 1995/07/17RESOLUTION NO. 95 - 9 5 A RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 14:4-9(A) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT PLACEMENT OF 30,000 CUBIC YARDS OF FILL FOR PROPERTY ZONED R-3, TWO FAMILY RESIDENCE DISTRICT LOCATED AT 2631 VIRGINIA AVENUE BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings L Kevitt Excavating, Inc. (John R. & Irene Smith) has made application to the City Council for a Conditional Use Permit under Section 14:4-9(A) of the St. Louis Park Ordinance Code for the purpose of the placement of 30,000 cubic yards of fill within a R-3, Two Family Residence District located at 2631 Virginia Avenue for the legal description as follows, to -wit: See Exhibit A - Legal Description 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 95 -26 -CUP) and the effect of the proposed placement of 30,000 cubic yards of fill on the health, safety and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, the effect on values of properties in the surrounding area, the effect of the use on the Comprehensive Plan, and compliance with the intent of the Zoning Ordinance. 3. The Council has determined that the placement of 30,000 cubic yards of fill will not be detrimental to the health, safety, or general welfare of the community nor will it cause serious traffic congestion nor hazards, nor will it seriously depreciate surrounding property values, and the proposed placement of 30,000 cubic yards of fill is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. 4. The contents of Planning Case File 95 -26 -CUP are hereby entered into and made part of the public hearing record and the record of decision for this case. Conclusion The Conditional Use Permit to permit placement of 30,000 cubic yards of fill at the location described is granted based on the findings set forth above and subject to the following conditions: a. No additional fill shall be placed on the site until an engineers report is received by the City which describes the type of fill that has already been placed on the site and certifies that it is free of contamination, large rocks and debris such as, but not limited to, concrete and asphalt chunks. The engineer's report shall also certify that the fill has been compacted according to the requirements of the soil composition of the fill. Clay for specialized ponding may be stockpiled on the site but not utilized until after site compaction report is received by the City. b. c. d. e. f. g. h. That the fill be placed in accordance with exhibit A, Grading Plan. That the conditional use permit approval is contingent upon receiving an erosion control plan which meets the provisions of Section 14:4-10 of the Zoning Ordinance. Dust shall be held to a minimum by means of regular scheduled watering at a rate not less than 4 times per calendar day on days there is hauling activity. Within 10 days of reaching final grade in any phase of the fill process, the area must be seeded to achieve soil stability. Trucks hauling material to the site and departing from the site shall only utilize Virginia Avenue between Burlington Northern Railroad and West 28th Street, West 28th Street from Virginia Avenue to Texas Avenue and Texas Avenue from West 28th Street to Minnetonka Boulevard. Access to the site for vehicles hauling fill shall be from Virginia Avenue only. Trucks may utilize any legal route to reach the intersection of Texas Avenue and Minnetonka Boulevard. The type of fill allowed shall be limited to natural soil materials. The following materials will not be permitted: L Materials, such as asphalt or concrete chunks, or other waste materials. 2. Soils with a, high organic content, such as peat, muck, compost, vegetation. (These materials may be used as top covering to a depth of 6 inches after a development plan has been approved and building pads identified.) 3. Rocks larger,than 12 inches in diameter. 4. Soil composites where a high clay content would be detrimental to future construction, except that clay material may be stockpiled on the site for future use for ponding construction. An origin statement for each source area which indicates the type and amount of fill to be placed and the time frame for placement and includes a report from a soils engineer which describes the source material in regard to the soil composition and compaction requirements shall be provided. The report shall also certify the fill is free of any contaminants L The applicant shall sweep the hauling route between the site and Minnetonka Boulevard at Texas Avenue each day there is hauling activity. The applicant shall also inform the City each day hauling is anticipated. The applicant shall either post a bond or letter of credit or other surety approved by the City Manager or alternatively, shall pay in advance an amount determined by the City Engineer to insure that the City is compensated for damage to the haul route. k. The hours of operation shall be limited to weekdays between 7:00 a.m. and 10:00 p.m. L The conditional use permit shall terminate at the end of one year with an option for renewal by the City Council by resolution provided that the fill operation is proceeding in an orderly manner and that all the terms of the permit are upheld. 1f all terms of the conditional use permit are not upheld the conditional permit shall be terminated in accordance with Section 14:8-3.1M of the Zoning Ordinance. Adopted by the City Council July 17, 1995 /s/ Lyle W. Hanks Mayor ATTEST: /s/ Beverly Flanagan City Clerk Reviewed for administration: Approved as to form and execution: /s/ Charles W. Meyer /s/ Suesan Lea Pace City Manager City Attorney 95-26-CUP:RES8 EXHIBIT A - LEGAL DESCRIPTION That part of the Burlington Northern Railroad Company property (formerly Great Northern Railway Co., Hutchinson Branch) in the Northeast Quarter of the Southeast Quarter of Section 7 and the Northwest Quarter of the Southwest Quarter and the Northeast Quarter of the Southwest Quarter of Section 8, ail irr Township 117 North, Range 21 West of the 5th Principal Meridian described as follows: Commencing at the Southeast corner of the Northeast Quarter of the Southeast Quarter of said Section /; thence on an assumed bearing of North, along the East line of said Northeast Quarter of the Southeast Quarter, a distance of 190.5/ feet, to the Southerly right-of-way line of the railway as .described in Book 14 of Deeds, page 84, the Point of Beginning of the land to be described; thence North 70 degrees 31 minutes 00 seconds East, along said Southerly right-of-way line, a distance of 885.86 feet; thence continuing Easterly, along said Southerly right-of-way line, a distance of 618.06 feet, aTang a tangential curve concave to the Northwest having a radius of 1960.08 feet and a central angle of 18 degrees 04 minutes 00 seconds; thence North 52 - degrees 27 minutes 00 seconds East, along said Southerly right-of-way line, tangent to said curve a distance of 262.87 feet; thence North 65 degrees 23 minutes 40 seconds East, along said Southerly right-of-way line a distance of I3a.71 feet; thence Easterly, along said Southerly right-of-way_line a distance of 352.24 feet, along a tangent curve concave to the Southeast having a radius of 1860.08 feet and a central angle of 10 degrees 51 minutes 00 seconds; thence North 13 degrees 45 minutes 20 seconds West, not tangent to the last described curve, a distance of 23.11 feet, to the intersection with a line 18.00 feet Northerly of, measured at a right angle to and parallel with the Southerly right-of-way line of the railway as described in Book 122 of Deeds, page 316; thence South 76 degrees 14 minutes -40 seconds West, along said parallel line and a line drawn parallel with and 18.00 feet Northerly of the Southerly right-of-way line of the railway as described in Book 122 of Deeds, page 455, a distance of 2194.23 feet; thence Southwesterly, along spiral curve of increasing radius, a distance of 199.77 feet, the thord of said curve bears South 76 degrees 04 minutes 1b seconds West; thence Southwesterly a distance of 299.70 feet parallel with said Southerly right-of-way line along a tangential curve concave to the Southeast having a radius of 10,979.86 feet and a central angle of 1 degree 33 minutes 50 seconds, and a chord bearing of S 740 56' 33" W'to the centerline of Virginia Avenue as described in Document No. 2750535; thence South 21 degrees 41 minutes 01 seconds East, along said centerline, a distance of 488.02 feet, to the Southerly right-of-way line of the railway as described in Book 15 of Deeds, page 239; thence Northeasterly, along last described Southerly right-of-way, a distance of 237.98 feet, along a non-tangential curve concave to the Southeast having a radius of 1860.U8 feet and a central angle of 7 degrees 19 minutes 50 seconds, the chord of said curve bears North 66 degrees 51 minutes 05 seconds East and has a chord length of 237.82 feet; thence North 70 degrees 31 minutes 00 seconds East, along the last described Southerly right-of-way line, a distance of 196.14 feet to the Point of Beginning SUBJECT, however, to ail existing interests, including but not limited to all reservations, rights-of-way and easements of record or otherwise. (Abstract) RESOLUTION NO. 95-96 RESOLUTION AUTHORIZING MAYOR AND, CITY MANAGER TO EXECUTE SUB -RECIPIENT AGREEMENT WITH HENNEPIN COUNTY FOR 1995 (YEAR XXI) URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WHEREAS, the City of St. Louis Park has executed a Joint Cooperation Agreement with Hennepin County for the purpose of participating in the 1995 (Year XXI) Urban Hennepin County Community Development Block Grant Program; and WHEREAS, Hennepin County is the recipient of an annual grant from the US Department of Housing and Urban Development for purposes of the program, and the City is a sub - recipient under the program and receives a share of the grant; and WHEREAS, program regulations require that the City and County execute a Sub -Recipient Agreement and appropriate Third Party Agreement, which sets forth the specific implementation processes for activities to be undertaken with program funds. NOW, THEREFORE, BE IT RESOLVED that the St. Louis Park City Council hereby authorizes and directs the Mayor and the City Manager to execute the Sub -Recipient Agreement and any required Third Party Agreement on behalf of the City. Adopted b the City Council July 17, 1995 ee cu 7V -at. Mayor /s/ Lyle W. Hanks Atte 404 ity Clerk /s Beverly Flanagan Revie ed for Administration: Approved as to Form and Execution: City Mr /s/ Charles City Attorney /s/ Suesan Lea Pace W. Meyer RESOLUTION NO. 95-95 A RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 14:4-9(A) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT PLACEMENT OF 30,000 CUBIC YARDS OF FILL FOR PROPERTY ZONED R-3, TWO FAMILY RESIDENCE DISTRICT LOCATED AT 2631 VIRGINIA AVENUE BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. Kevitt Excavating, Inc. (John R. & Irene Smith) has made application to the City Council for a Conditional Use Permit under Section 14:4-9(A) of the St. Louis Park Ordinance Code for the purpose of the placement of 30,000 cubic yards of fill within a R-3, Two Family Residence District located at 2631 Virginia Avenue for the legal description as follows, to -wit: See Exhibit A - Legal Description 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 95 -26 -CUP) and the effect of the proposed placement of 30,000 cubic yards of fill on the health, safety and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, the effect on values of properties in the surrounding area, the effect of the use on the Comprehensive Plan, and compliance with the intent of the Zoning Ordinance. 3. The Council has determined that the placement of 30,000 cubic yards of fill will not be detrimental to the health, safety, or general welfare of the community nor will it cause serious traffic congestion nor hazards, nor will it seriously depreciate surrounding property values, and the proposed placement of 30,000 cubic yards of fill is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. 4. The contents of Planning Case File 95 -26 -CUP are hereby entered into and made part of the public hearing record and the record of decision for this case. Conclusion The Conditional Use Permit to permit placement of 30,000 cubic yards of fill at the location described is granted based on the findings set forth above and subject to the following conditions: a. No additional fill shall be placed on the site until an engineers report is received by the City which describes the type of fill that has already been placed on the site and certifies that it is free of contamination, large rocks and debris such as, but not limited to, concrete and asphalt chunks. The engineer's report shall also certify that the fill has been compacted according to the requirements of the soil composition of the fill. Clay for specialized ponding may be stockpiled on the site but not utilized until after site compaction report is received by the City. b. That the fill be placed in accordance with exhibit A, Grading Plan. c. That the conditional use permit approval is contingent upon receiving an erosion control plan which meets the provisions of Section 14:4-10 of the Zoning Ordinance. d. Dust shall be held to a minimum by means of regular scheduled watering at a rate not less than 4 times per calendar day on days there is hauling activity. e. Within 10 days of reaching final grade in any phase of the fill process, the area must be seeded to achieve soil stability. f. Trucks hauling material to the site and departing from the site shall only utilize Virginia Avenue between Burlington Northern Railroad and West 28th Street, West 28th Street from Virginia Avenue to Texas Avenue and Texas Avenue from West 28th Street to Minnetonka Boulevard. Access to the site for vehicles hauling fill shall be from Virginia Avenue only. Trucks may utilize any legal route to reach the intersection of Texas Avenue and Minnetonka Boulevard. The type of fill allowed shall be limited to natural soil materials. The following materials will not be permitted: 1. Materials, such as asphalt or concrete chunks, or other waste materials. 2. Soils with a high organic content, such as peat, muck, compost, vegetation. (These materials may be used as top covering to a depth of 6 inches after a development plan has been approved and building pads identified.) 3. Rocks larger than 12 inches in diameter. 4. Soil composites where a high clay content would be detrimental to future construction, except that clay material may be stockpiled on the site for future use for ponding construction. h. An origin statement for each source area which indicates the type and amount of fill to be placed and the time frame for placement and includes a report from a soils engineer which describes the source material in regard to the soil composition and compaction requirements shall be provided. The report shall also certify the fill is free of any contaminants. i. The applicant shall sweep the hauling route between the site and Minnetonka Boulevard at Texas Avenue each day there is hauling activity. The applicant shall also inform the City each day hauling is anticipated. The applicant shall either post a bond or letter of credit or other surety approved by the City Manager or alternatively, shall pay in advance an amount determined by the City Engineer to insure that the City is compensated for damage to the haul route. k. The hours of operation shall be limited to weekdays between 7:00 a.m. and 10:00 p.m. g. J. . A. for 1. The conditional use permit shall terminate at the end of one year with an option for renewal by the City Council by resolution provided that the fill operation is proceeding in an orderly manner and that all the terms of the permit are upheld. If all terms of the conditional use permit are not upheld the conditional permit shall be terminated in accordance with Section 14:8-3.1M of the Zoning Ordinance Reviewed for administration: ty anager 95-26-CUP:RES8 Adopted by the City Council July 17, 1995 /(._,i„,.., 401- . Approved as to form and execution: ity Attorney 4V-Nte-J2-,_ EXHIBIT A - LEGAL DESCRIPTION That part of the Burlington Northern Railroad Company property (formerly Great Northern Railway Co., Hutchinson Branch) in the Northeast Quarter of the Southeast Quarter of Section 7 and the Northwest Quarter of the Southwest Quarter and the Northeast Quarter of the Southwest Quarter of Section 8, all iR Township 117 North, Range 21 West of the 5th Principal Meridian described as follows: Commencing at the Southeast corner of the Northeast Quarter of the Southeast Quarter of said Section /; thence on an assumed bearing of North, along the East line of said Northeast Quarter of the Southeast Quarter, a distance of 190.5/ feet, to the Southerly right-of-way line of the railway as .described in Book 14 of Deeds, page 84, the Point of Beginning of the land to be described; thence North 70 degrees 31 minutes 00 seconds East, along said Southerly right-of-way line, a distance of 885.86 feet; thence continuing Easterly, along said Southerly right-of-way line, a distance of 618.06 feet, along a tangential curve concave to the Northwest having a radius of 1960.08 feet and a central angle of 18 degrees 04 minutes 00 seconds; thence North 52 - degrees 27 minutes 00 seconds East, along said Southerly right-of-way line, tangent to said curve a distance of 262.87 feet; thence North 65 degrees 23 minutes 40 seconds East, along said Southerly right-of-way line a distance of 130..71 feet; thence Easterly, along said Southerly right-of-way line a distance of 352.24 feet, along a tangent curve concave to the Southeast having a radius of 1860.08 teet and a central angle of 10 degrees 51 minutes 00 seconds; thence North 13 degrees 45 minutes 20 seconds West, not tangent to the last described curve, a distance of 23.11 feet, to the intersection with a line 18.00 feet Northerly of, measured at a right angle to and parallel with the Southerly right-of-way line of the railway as described in Book 122 of Deeds, page 316; thence South 76 degrees 14 minutes•40.seconds West, along said parallel line and a line drawn parallel with and 18.00 feet Northerly of the Southerly right-of-way line of the railway as described in Book 122 of Deeds, page 455, a distance of 2194.23 feet; thence Southwesterly, along spiral curve of increasing radius, a distance of 199.77 feet, the chord of said curve bears South 76 degrees 04 minutes 16 seconds West; thence Southwesterly a distance of 299.70 feet parallel with said Southerly right-of-way line along a tangential curve concave to the Southeast having a radius of 10,979.86 feet and a central angle of 1 degree 33 minutes 50 seconds, and a chord bearing of S 74° 56' 33" W 'to the centerline of Virginia Avenue as described in Document No. 2750535; thence South 21 degrees 4/ minutes 01 seconds East, along said centerline, a distance of 488.02 feet, to the Southerly right-of-way line of the railway as described in Book 15 of Deeds, page 239; thence Northeasterly, along last described Southerly right-of-way, a distance of 237.98 teet, along a non-tangential curve concave to the Southeast having a radius of 1860.08 feet and a central angle of 7 degrees 19 minutes 50 seconds, the chord of said curve bears North 66 degrees 51 minutes 05 seconds East and has a chord length of 237.82 feet; thence North 70 degrees 31 minutes 00 seconds East, along the last described Southerly right-of-way line, a distance of 196.14 feet to the Point of Beginning SUBJECT, however, to all existing interests, including but not limited to all reservations, rights-of-way and easements of record or otherwise. (Abstract) 1 i 645'7652 4t1 40 141 lit 8 o CITY OF r ST. LOUIS PARK STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss CITY OF ST. LOUIS PARK) `h nrricr cr i -C^^GER i r. MINN _SC TA 717,111 =D ',N; OR Oki 95 AIJG - I PM I: 4 I e1 • II TORRENS to Regisr, 457652 CO. RECORDER tles n ABSTRACT to County Reco er 1iiUG9513 41 C6457652 SCG *4 50 1AUG9513.41 C6457652 DOG *16 00 The undersigned duly qualified and acting Clerk of the City of St. Louis Park hereby certifies the following: The attached is a true and correct copy of the original Resolution No. 95-95 , approving a conditional use permit; and on file in the Office of the C. y Clerk. verly Flanagan, 7/21/95 (date) y Clerk TRANSFER ENTERE.D HENNEPIN COUNTY TAXPAYER SERVICI BY AUG 1 1995 5005 Minnetonka Boulevard St Louis Park, Minnesota 55416-2290 Phone. 612-924-2500 Fax•612-924-2663 Printed on recycled paper