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HomeMy WebLinkAbout96-101 - ADMIN Resolution - City Council - 1996/07/15RESOLUTION NO. 96-101 A RESOLUTION RESCINDING RESOLUTION NO. 95-95 ADOPTED ON JULY 17, 1995 AND GRANTING CONDITIONAL USE PERMIT UNDER SECTION 14:4-9(A) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO ALLOW A 120 DAY TIME EXTENSION TO PERMIT PLACEMENT OF 30,000 CUBIC YARDS OF FILL FOR PROPERTY ZONED R-3, TWO FAMILY RESIDENCE DISTRICT LOCATED AT 2631 VIRGINIA AVENUE FINDINGS WHEREAS, Kevitt Excavating, Inc. 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 to allow a 120 day time extension to permit placement of 30,000 cubic yards of fill for property at 2631 Virginia Avenue within a R-3, Two Family Residence District having the following legal description: See Attached Legal Description WHEREAS, the City Council has considered the information related to Planning Case Nos. 95 -26 - CUP and 96 -15 -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 and the effect of the use on the Comprehensive Plan; and WHEREAS, a conditional use permit was issued regarding the subject property pursuant to Resolution No. 95-95 of the St. Louis Park City Council dated July 17, 1995 which contained conditions applicable to said property; and WHEREAS, due to changed circumstances, amendments to those conditions are now necessary, requiring the amendment of that conditional use permit; and WHEREAS, it is the intent of this resolution to continue and restate the conditions of the permit granted by Resolution No. 95-95 to add the amendments now required, and to consolidate all conditions applicable to the subject property in this resolution; WHEREAS, the contents of Planning Case Files 95 -26 -CUP and 96 -15 -CUP are hereby entered into and made part of the public hearing record and the record of decision for this case. CONCLUSION NOW THEREFORE BE IT RESOLVED that Resolution No. 95-95 filed as Document No. 6457652 is hereby rescinded and replaced by this resolution which continues and amends a conditional use permit to the subject property pursuant to Planning Case No. 96 -15 -CUP for the purposes of permitting a 120 day time extension to pemut the placement of 30,000 cubic yards of fill within the R-3, Two Family Residence District at the location described above based on 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, Revised Grading Plan stamped as received by the City on July 8, 1996. 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 utilize Texas Avenue between the site and Minnetonka Boulevard. Trucks may utilize any legal route to reach the intersection of Texas Avenue and Minnetonka Boulevard, but are prohibited from traveling on Virginia Avenue north of the Burlington Northern Railroad corridor. g. 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 descnbes 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 mform the City each day hauling is anticipated. j. The applicant shall submit a $10,000 letter of credit or other financial surety approved by the City Attorney to insure that the City is compensated for damage to the haul route or in the event the City needs to complete required street cleaning. 11 k. The hours of operation shall be limited to weekdays between 7:00 a.m. and 10:00 p.m. 1. The conditional use permit shall terminate after 120 days from the date of adoption of this resolution 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. ATTEST: Reviewed for administration: 9615CUP:RES9 Approved as to form and execution: City Attorney - LEGAL DESCRIPTION That part af the Burlington Northern Railroad Company property (formerly Great Northern Railway Ca., Hutchinson Branch) in the Northeast Quarter af the Southeast Quarter of Section 7 and the Northwest Quarter af the Southwest Quarter and the Northeast Quarter of the Southwest Quarter of Section 8, ail try Township 117 North, Range Z1 West of the 5th Principal Meridian described as: fnllaws: Commencing at the Southeast carter 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-af-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, arcing a tangential curve concave to the Northwest having a radius of 1960.08 feat and a mal 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 degms 23 minutes 40 seconds East, along said Southerly right-af-way Tine a distance of 73Q.71 feet; thence Easterly, along said Southerly right-of-way Tine a distance of 35Z.24 feet, along a tangent curve concave to the Southeast (raving a. radius of 1860.08 i`eet and a central angle of 10 degrees 5I minutes 00 seconds; thence North 13 degrees 45 minutes ZO seconds West, not tangent to the iast described curve, a distance of 23.11 feet, to the intersection with a line 18.00 feet Northerly af, measured at a right angle to and parallel with the Southerly right-of-way line or 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 Tine drawn parallel with and 18.00 fest Northerly of the Southerly right-of-way line of the railway as described in Book 122 of Oeeds, page 453, 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 0ocument No. Z750535; thence South ZI 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 8aok 15 of Oeeds, page 239; thence Northeasterly, along last described Southerly right-of-way, a distance of 237.98 teat, along a non-tangential curve concave to the Southeast having a radius of 1860.118 feet and a central angle of 7 degrees 19 minutes 50 seconds, the chord of said curve bears North 66 degrees 5I minutes O5 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 Paint of Beginning SUBJECT, however, to ail existing interests, including but not limited to a l 1 reservations, rights-of-way and- easements of record or otherwise. (Abs vac ) CITY OF J ST. LOUIS PARK STATE OF MINNESOTA ) COUNTY OF HENNEPIN )ss CITY OF ST. LOUIS PARK) 6683401 "CITY COUNCIL RESOLUTION" The undersigned hereby certifies the following: 1) The attached is a full, true and correct copy of the original Resolution No. 96-101 , adopted 7/15/96 , 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. (SEAL) Diane L. Pe ers, MCMC Deputy City Clerk 7/17/96 Date 5005 Minnetonka Boulevard St. Louis Park, Minnesota 55416-2290 Phone: 612-924-2500 Fax: 612-924-2170 Punted on recycled and recylable paper RESOLUTION NO. CL-- Ib t' A RESOLUTION RESCINDING RESOLUTION NO. 95-95 ADOPTED ON JULY 17, 1995 AND GRANTING CONDITIONAL USE PERMIT UNDER SECTION 14:4-9(A) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO ALLOW A 120 DAY TIME EXTENSION TO PERMIT PLACEMENT OF 30,000 CUBIC YARDS OF FILL FOR PROPERTY ZONED R-3, TWO FAMILY RESIDENCE DISTRICT LOCATED AT 2631 VIRGINIA AVENUE FINDINGS WHEREAS, Kevin Excavating, Inc. 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 to allow a 120 day timer_- L .n to permit placement of 30,000 cubic yards of fill for property at 2631 Virginia Avenue within a R-3, Two Family Residence District having the following legal description: See Attached Legal Description WHEREAS, the City Council bas considered the information related to Planning Case Nos. 95 -26 - CUP and 96 -15 -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 and the effect of the use on the Comprehensive Plan; and WHEREAS, a conditional use permit was issued regarding the subject property pursuant to Resolution No. 95-95 of the St. Louis Park City Council dated July 17, 1995 which contained conditions applicable to said property, and WHEREAS, due to changed circumstances, amendments to those conditions are now necessary, requiring the amendment of that conditional use permit; and WHEREAS, it is the intent of this resolution to continue and restate the conditions of the permit granted by Resolution No. 95-95 to add the amerwirne,+rs now required, and to consolidate all conditions applicable to the subject property in this resolution; WHEREAS, the contents of Planning Case Files 95 -26 -CUP and 96 -15 -CUP are hereby entered into and made part of the public hearing record and the record of decision for this case. CONCLUSION NOW THEREFORE BE IT RESOLVED that Resolution No. 95-95 filed as Document No. 6457652 is hereby rescinded and replaced by this resolution which continues and amends a conditional use permit to the subject property pursuant to Planning Case No. 96 -15 -CUP for the purposes of permitting a 120 day time extension to permit the placement of 30,000 cubic yards of fill within the R-3, Two Family Residence District at the location described above based on the following conditions: (" c_ a. No additional fill shall be plated on the site until an engineers report is received by the City which describes the type of fill that bas 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 engmeer'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, Revised Grading Plan stamped as received by the City - on July 8, 1996. 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. 1+ Trucks hauling material to the site and departing from the site shall utilize Texas Avenue between the site and Minnetonka Boulevard.. Trucks may utilize any legal route to reach the intersection of Texas Avenue and Minnetonka Boulevard, but are prohibited from traveling on Virginia Avenue north of the Burlington Northern Railroad comdor. The type of fill allowed shall be limited to natural soil materials. The following materials will not be ed g- 1. Materials, such as asphalt or concrete chimks, or other waste mater 2. Souls with a high organic content, such as peat, muck, compost, vegetation. (These materials may be used as top covermg 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 Enure 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 compacnon requirements shall be provided. The report shall also certify the fill is free of any coorranuinnts L The applicant shall sweep the hauling route between the site and Minnetonka Boulevard at Texas Avenue each day there is Luting activity. The applicant shall also inform the City each day filing is anticipated. j. The applicant shall submit a S10,000 letter of credit or other finanr+ni surety approved by the City Attorney to insure that the City is compensated for damage to the haul route or in the event the City needs to complete required street cleaning. ic. 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 to ate after 120 days from the date of adoption of this resolution 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. Adopted.by the City Comrcil Jn1y 15, 1996 /s/Gail Dorfman Mayor ATTEST: /s/Joanne Kutzler City Clerk Reviewed for Approved as to form and execution: /s/Charles W Meyer /c/Wayne Pnrham City Manager City Attorney 9615cUP-.RES9 1 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 in Township 117, Range 21 West of the 5th Principal Meridian described as follows- Cr - Commencing at the southeast corner of the Northeast Quarter of the Southeast Quarter of said Section 7, thence on a beanng of North, (assuming thc northwesterly line of Lot 1, Block I, ASTLEFORD'S COURT bears South 70 degrees 31 minutes 00 seconds West), along the East line of said Northeast Quarter of the Southeast Quarter, a distance of 190 57 feet to the southerly right-of-way line of the railway as described in Book 14 of Deeds, Paste 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 01618 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 alone a tangential 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 thc intersection with a line 18 00 feet northerly of, measured at right angle to and parallel with the southerly right-of-way line of the railway as described in Book 122 of Deeds. Page 310, 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 alone a spiral curve of increasing radius a distance of 199 77 feet, the chord of said curve bears South 76 degrees 04 minutes 10 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 oft)! degree 33 minutes 50 seconds. and a chord bearing of South 74 degrees 56 minutes 13 seconds West to the centerline of Virginia Avenue as described in Document Number 2750515. "fhence'Sirutfi'21 47 minutes 01 seconds East along said centerline a distance of 488 02 feet to the somtlIcrl.y_,rrglrt-of-wa‘ line of the railway described in Book 15 of Deeds, Page 239, thence northeasterly $ons 6he last described southerly right-of-way, a distance of 237 98 feet along a nontangential Clfq c7ic Oicae to the southeast having a radius of 1860 08 feet and a central angle of 07 degrees 19 mint#t s,` -Q econds, the chord of said curve bears North 66 degrees 51 minutes 05 seconds East and has a oftoril length of 237 42 feet; thence North 70 degrees 31 minutes 00 seconds East along the last described I-41 z1y right -of- %a' line a distance of 196 14 feet to the-Eioint dOeginnrng� which lies westerly of a line 1239 0 et easte' . of,_nicasured enteriine of said Virginia Avenue. ` �7�bsttraetr) ---cam' c7 ©r t '' ►M C, t,,,/.J ma•yy,y O eJ — try til Jr. C.J2-3J r Mab r _r r '1 CD ll✓ ,7, cr, , Cr., .r, Cr, co co co at a right angle to and p.,Rat l w`vrth the q n1 r.