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HomeMy WebLinkAbout96-16 - ADMIN Resolution - City Council - 1996/02/05• RESOLUTION NO. 96-16 A RESOLUTION RESCINDING RESOLUTION NO. 96-09 ADOPTED ON JANUARY 16, 1996 AND GRANTING CONDITIONAL USE PERMIT UNDER SECTION 14:4-9.B OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO ALLOW EXCAVATION OF 81,000 CUBIC YARDS OF MATERIAL FOR THE PURPOSE OF DREDGING TWIN LAKES FOR PROPERTY ZONED R-1, SINGLE FAMILY RESIDENCE DISTRICT AT 4750 WEST 26TH STREET FINDINGS WHEREAS, the City of St. Louis Park (Minnehaha Creek Watershed District) has made application to the City Council for a conditional use permit under Section 14:4-9.B of the St. Louis Park Ordinance Code to allow excavation of 81,000 cubic yards of material for the purpose of dredging TwinLakes at 4750 West 26th Street within a R-1 Single Family Residence District having the following legal description. See Attached Exhibit A - Legal Description WHEREAS, the City Council has considered the information related to Planning Case Nos. 95 -33 -CUP, 96 -1 -CUP and 96 -4 -CUP and the effect of the proposed excavating of 81,000 cubic yards of material 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. 96-09 of the St. Louis Park City Council dated January 16, 1996 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. 96-09 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 -33 -CUP, 96 -1 -CUP and 96 -4 -CUP are hereby entered into and made part of the public hearing record and the record of decision for this case RESOLUTION NO. 96-16 kt A RESOLUTION RESCINDING RESOLUTION NO. 96-09 ADOPTED ON JANUARY 16, 1996 AND GRANTING CONDITIONAL USE PERMIT UNDER SECTION 14:4-9.B OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO ALLOW EXCAVATION OF 81,000 CUBIC YARDS OF MATERIAL FOR THE PURPOSE OF DREDGING TWIN LAKES FOR PROPERTY ZONED R-1, SINGLE FAMILY RESIDENCE DISTRICT AT 4750 WEST 26TH STREET FINDINGS WHEREAS, the City of St. Louis Park (Minnehaha Creek Watershed District) has made application to the City Council for a conditional use permit under Section 14:4-9.B of the St. Louis Park Ordinance Code to allow excavation of 81,000 cubic yards of material for the purpose of dredging TwinLakes at 4750 West 26th Street within a R-1 Single Family Residence District having the following legal description: See Attached Exhibit A - Legal Description WHEREAS, the City Council has considered the information related to Planning Case Nos. 95 -33 -CUP, 96 -1 -CUP and 96 -4 -CUP and the effect of the proposed excavating of 81,000 cubic yards of material 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. 96-09 of the St. Louis Park City Council dated January 16, 1996 which contained conditions applicable to said property; and WHEREAS, due to changed circumstances, amcndmcnts 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. 96-09 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 -33 -CUP, 96 -1 -CUP and 96 -4 -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. 96-09 filed as Document No.(resolution not filed) is hereby rescinded and replaced by this resolution which continues and amends a conditional use permit to the subject property for the purposes of permitting excavation of 81,000 cubic yards of material for purpose of dredging Twin Lakes within the R-1 Single Family Residence District at the location described above based on the following conditions: a. The property shall be graded and developed in accordance with Exhibit A - Site and Grading Plan. (Exhibit A is replaced by Exhibit B - Site and Grading Plan - See Condition "k") b. All necessary permits be granted prior to commencing any work on the site. c. Hauling hours shall be weekdays between 7:00 a.m. and 10:00 p.m. and weekends between 9:00 a.m. to 10:00 p.m. (Modified by Condition i) d. Haul routes shall be as follows: Twin Lakes Cedarwood Road - Parkwood Road - Hlghrway 100 Frontage Road - Highway 100 Twin Lakes Park West 26th Street - Idrghway 100 Frontage Road - Highway 100 e. Haul route shall be cleaned each day there is hauling activity or as conditions require to prevent dust and mud on the roadways. £ Entrance onto Twin Lakes for the purpose of hauling dredged material shall be from Cedarwood Road in a manner that minimizes the impact on residents and existing trees. g. An erosion control plan be submitted and approved prior to any excavation on the site. h. All trees removed from the site shall either be relocated or replaced in accordance with Section 14:4-11.2 of the Zoning Ordinance. L The conditional use permit shall be amended pursuant to Planning Case No. 96 -1 - CUP to extend the hauling hours from 7:00 a.m. to Midnight Monday through Friday and 9:00 a.m. to midnight Saturday and Sunday effective January 28, 1996 until February 16, 1996. (Modifies Condition No. c) j. Speed limits relatng to truck hauling activities shall be limited to 20 m.p.h. on local residential streets. k The Conditional Use Permit shall be amended pursuant to Planning Case No. 96 -4 - CUP. Exhibit A - Site and Grading Plan is replaced by Exhibit B - Site and Grading Plan dated January 18,1996. (Rescinds Condition No. "a") Adopted by the City Council February 5, 1996 /s/ Gail Dorfman 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 96-4-CUP:RES9 0 ® -'i r� ; -4 m p r° " Y and W, Westridge. W - Certificate oSri No. 280835) > C) O J 4113 IT A - LEGAL DESON I()1 Q?110`1' o rn v cb "--.1 r ocy tc) The East 450 feet of the South One-half of the Northwest Quarter (S 1/2 1/4) of Section Thirty-one (31), Township Twenty-nine (29), Range Twenty-four (24) except the Westerly 233.58 feet of the Northerly 500 feet thereof; subject to easements over those portions deeded for street purposes. Party of the second part agrees that in the event the property is to be sold within twenty (20) years from the date of this instrument that it shall be first offered to party of the first part who shall be given first refusal relative to the resale of said property. and Reserve Lot A "Cedarwood Second Addition", according to the map or plat thereof on file or of record in the office of the Registrar of Titles in and for Hennepin County, Minnesota. For Park Purposes only. Reserving unto said grantors, their heirs, executors, administrators, and assigns, a perpetual easement for roadway purposes over, upon and across a strip of land 25 feet in width, lying Southerly of and adjacent to the line between Reserve Lots A and B, said Addition, and same extended so that the Southerly Tine of said strip shall meet the Westerly line of said Addition and the Westerly end of Twenty-fifth Street and Reserve Lot B "CedarwoodSecond Addition", according to the map or plat thereof on file or of record in the office of the Registrar of Titles in and for Hennepin County, Minnesota For Park Purposes only.. Reserving unto said grantors, their heirs, executors, administrators, and assigns, a perpetual easement for roadway purposes over, upon and across a strip of land 25 feet in width, lying Northerly of and adjacent to the line between Reserve Lots A and B said addition and the same extended so that the Northerly line of said strip shall meet the Westerly line of said Addition and the Westerly end of Twenty-fifth Street. CASE NO. 9s -33 -CIDP and 96.1-CJP (Twin Lakes) 725-1:t3@JS • • 6536869 t71'CrrYoF ST. LOUIS PARK II TORRENS to Registrar of Titles n ABSTRACT to County Recorder STATE OF MINNESOTA ) COUNTY OF BENNEPIN )ss CITY OF ST. LOUIS PAPKI_ 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. eta. au. Log..;6 , approving a and on file in the Office of the City Clerk. AdQ�� •, off". Ae.P ��h eti 1'� verly Flanagan, ty Clerk 2-7.94 (date) / tV 5005 Minnetonka Boulevard St Louts'Park, tiltinesota 55416-2290 Phone 612-924-2500 Fax 612-924-2170 Printed on recycled paper 6536869 RESOLUTION NO. 96 - 16 A RESOLUTION RESCINDING RESOLUTION NO. 96-09 ADOPTED ON JANUARY 16, 1996 AND GRANTING CONDITIONAL USE PERMIT UNDER SECTION 14:4-9.B OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO ALLOW EXCAVATION OF 81,000 CUBIC YARDS OF MATERIAL FOR THE PURPOSE OF DREDGING TWIN LAKES FOR PROPERTY ZONED R-1, SINGLE FAMILY RESIDENCE DISTRICT AT 4750 WEST 26TH STREET FINDINGS WHEREAS, the City of St. Louis Park (Minnehaha Creek Watershed District) has made application to the City Council for a conditional use permit under Section 14:4-9.B of the St. Louis Park Ordinance Code to allow excavation of 81,000 cubic yards of material for the purpose of dredging TwinLakes at 4750 West 26th Street within a R-1 Single Family Residence District having the following legal description: See Attached Exhibit A - Legal Description WHEREAS, the City Council has considered the information related to Planning Case Nos. 95 -33 -CUP, 96 -1 -CUP and 96 -4 -CUP and the effect of the proposed excavating of 81,000 cubic yards of material 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. 96-09 of the St. Louis Park City Council dated January 16, 1996 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. 96-09 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 -33 -CUP, 96 -1 -CUP and 96 -4 -CUP are hereby entered into and made part of the public hearing record and the record of decision for this case. f1. ai CONCLUSION NOW THEREFORE BE IT RESOLVED that Resolution No. 96-09 filed as Document No.(resohrtion not filed) is hereby rescinded and replaced by this resolution which continues and amends a conditional use permit to the subject property for the purposes of permitting excavation of 81,000 cubic yards of material for purpose of dredging Twin Lakes within the R-1 Single Family Residence District at the location described above based on the following conditions: a. The property shall be graded and developed in accordance with Exhibit A - Site and Grading Plan. (Exhibit A is replaced by Exhibit B - Site and Grading Plan - See Condition "k") b. All necessary permits be granted prior to commencing any work on the site. c. Hauling hours shall be weekdays between 7:00 a.m. and 10:00 p.m. and weekends between 9:00 a.m. to 10:00 p.m. (Modified by Condition i) d. Haul routes shall be as follows: Twin Lakes Cedarwood Road - Parkwood Road - Highway 100 Frontage Road - Highway 100 Twin Lakes Park West 26th Street - Highway 100 Frontage Road - Highway 100 e. Haul route shall be cleaned each day there is hauling activity or as conditions require to prevent dust and mud on the roadways. £ Entrance onto Twin Lakes for the purpose of hauling dredged material shall be from Cedarwood Road in a mamier that minimizes the impact on residents and existing trees. g. An erosion control plan be submitted and approved prior to any excavation on the site. h. All trees removed from the site shall either be relocated or replaced in accordance with Section 14:4-11.2 of the Zoning Ordinance. i. The conditional use permit shall be amended pursuant to Planning Case No. 96 -1 - CUP to extend the hauling hours from 7:00 a.m. to Mldnight Monday through Friday and 9:00 a.m. to midnight Saturday and Sunday effective Jamiary 28, 1996 until February 16, 1996. (Modifies Condition No. c) j. Speed limits relating to truck hauling activities shall be limited to 20 m.p.h. on local residential streets. k. The Conditional Use Permit shall be amended pursuant to Planning Case No. 96 -4 - CUP. Exhibit A - Site and Grading Plan is replaced by Exhibit B - Site and Grading Plan dated January 18,1996. (Rescinds Condition No. "a") Adopted by the City Council February 5, 1996 ATTEST: /s/ Beverly Flanagan City Clerk Reviewed for administration: /s/ Charles W. Meyer /s/ Gail" Dorfman Mayor Approved as to form and execution: /s/ Suesan Lea Pace City Manager City Attorney 96-4-CUP:RES9 EXHIBIT A - LEGAL DESCRIPTION parcel No. 8 Lots Y and W, Westridge. (Lot W - Certificate of Title No. 280835) and The East 450 feet of the South One-half of the Northwest Quarter (S 1/2 NW 1/4) of Section Thirty-one (31), Township Twenty-nine (29), Range Twenty-four (24) except the Westerly 233.58 feet of the Northerly 500 feet thereof; subject to easements over those portions deeded for street purposes. Party of the second part agrees that in the event the property is to be sold within twenty (20) years from the date of this instrument that it shall be first offered to party of the first part who shall be given first refusal relative to the resale of said property. and Reserve Lot A "Cedarwood Second Addition", according to the map or plat thereof on file or of record in the office of the Registrar of Titles in and for Hennepin County, Minnesota. For Park Purposes only. Reserving tato said grantors, their heirs, ewortors, administrators, and assigns, a perpetual easement for roadway purposes over, upon and across a strip of land 25 feet in width, lying Southerly of and adjacent to the lime between Reserve Lots A and B, said Addition, and same extended so that the Southerly lime of said strip shall meet the Westerly line of said Addition and the Westerly end of Twenty --fifth Street and - Reserve Lot B "CedarwoodSecond Addition', according to the map or plat thereof on file or of record in the office of the Registrar of Titles in and for Hennepin County, Minnesota For Park Purposes only. Reserving unto said grantors, their heirs, executors, administrators, and assigns, a perpetual easement for roadway purposes over, upon and across a strip of land 25 feet in width, lying Northerly of and adjacent to the fine between Reserve Lots A and B said addition and the same extended so that the Northerly line of said strip shall meet the Westerly line of said Addition and the Westerly end of qty --fifth Street. CASE NO.95-334UP and 96 -I -COP (twin Laws) 72541:0EN5 1. CONCLUSION NOW THEREFORE BE IT RESOLVED that Resolution No. 96-09 filed as Document No.(resolution not filed) is hereby rescinded and replaced by this resolution which continues and amends a conditional use permit to the subject property for the purposes of permitting excavation of 81,000 cubic yards of material for purpose of dredging Twin Lakes within the R-1 Single Family Residence District at the location described above based on the following conditions. a. The property shall be graded and developed in accordance with Exhibit A - Site and Grading Plan. (Exhibit A is replaced by Exhibit B - Site and Grading Plan - See Condition "k") b. All necessary permits be granted prior to commencing any work on the site. c. Hauling hours shall be weekdays between 7:00 a.m. and 10:00 p.m. and weekends between 9:00 a.m. to 10:00 p.m. (Modified by Condition i) d. Haul routes shall be as follows: Twin Lakes Cedarwood Road - Parkwood Road - Highway 100 Frontage Road - Highway 100 Twin Lakes Park West 26th Street - Highway 100 Frontage Road - Highway 100 e. Haul route shall be cleaned each day there is hauling activity or as conditions require to prevent dust and mud on the roadways. f. Entrance onto Twin Lakes for the purpose of hauling dredged material shall be from Cedarwood Road in a manner that minimizes the impact on residents and existing trees. g. An erosion control plan be submitted and approved prior to any excavation on the site. h. All trees removed from the site shall either be relocated or replaced in accordance with Section 14:4-11.2 of the Zoning Ordinance. i. The conditional use permit shall be amended pursuant to Planning Case No. 96 -1 - CUP to extend the hauling hours from 7:00 a.m. to Midnight Monday through Friday and 9:00 a.m. to midnight Saturday and Sunday effective January 28, 1996 until February 16, 1996. (Modifies Condition No c) .4. OW -/.4 j. Speed limits relating to truck hauling activities shall be limited to 20 m.p.h. on local residential streets. k. The Conditional Use Permit shall be amended pursuant to Planning Case No. 96 -4 - CUP. Exhibit A - Site and Grading Plan is replaced by Exhibit B - Site and Grading Plan dated January 18,1996. (Rescinds Condition No. "a") Adopted by the City Council February 5, 1996 ATTEST: City Cler Reviewed for administration: 96-4-CUP:RES9 Approved as to form and execution: iC.C.*- PdIvr-C.—. City Attorney v EXHIBIT A - LEGAL DESCRIPTION Parcel No 8 Lots Y and W, Westridge. (Lot W - Certificate of Title No. 280835) and The East 450 feet of the South One-half of the Northwest Quarter (S 1/2 NW 1/4) of Section Thirty-one (31), Township Twenty-nine (29), Range Twenty-four (24) except the Westerly 233.58 feet of the Northerly 500 feet thereof subject to easements over those portions deeded for street purposes. Party of the second part agrees that in the event the property is to be sold within twenty (20) years from the date of this instrument that it shall be first offered to party of the first part who shall be given first refusal relative to the resale of said property. and Reserve Lot A "Cedarwood Second Addition", according to the map or plat thereof on file or of record in the office of the Registrar of Titles in and for Hennepin County, Minnesota. For Park Purposes only. Reserving unto said grantors, their heirs, executors, administrators, and assigns, a perpetual easement for roadway purposes over, upon and across a strip of land 25 feet in width, lying Southerly of and adjacent to the line between Reserve Lots A and B, said Addition, and same extended so that the Southerly line of said strip shall meet the Westerly line of said Addition and the Westerly end of Twenty-fifth Street. and Reserve Lot B "Cedarwood Second Addition", according to the map or plat thereof on file or of record in the office of the Registrar of Titles in and for Hennepin County, Minnesota. For Park Purposes only. Reserving unto said grantors, their heirs, executors, administrators, and assigns, a perpetual easement for roadway purposes over, upon and across a strip of land 25 feet in width, lying Northerly of and adjacent to the line between Reserve Lots A and B said addition and the same extended so that the Northerly line of said strip shall meet the Westerly line of said Addition and the Westerly end of Twenty-fifth Street. CASE NO. 95 -33 -CUP and 96 -1 -CUP (resin Lakes) 7254-1:GEN5 • CITY OF ST. LOUIS PARK Il TORRENS to Registrar of Titles n ABSTRACT to County Recorder STATE OF MINNESOTA ) COUNTY OF HENNEPIN )ss CITY OF ST. LOUIS PARK) The undersigned duly qualified and acting Clerk of the City of St. Louis Park hereby certifies the following: (S E A L) The attached is a true and correct copy of the original Resolution No. 67‘1144 /1441k: , approving a and on file in the Office of the City Clerk. g •, veerly Flanagan, ty Clerk 2-7-94 (date) 5005 Minnetonka Boulevard St Louis Park, Minnesota 55416-2290 Phone 612-924-2500 Fax 612-924-2170 Printed on recycled paper