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HomeMy WebLinkAbout01-127 - ADMIN Resolution - City Council - 2001/11/05RESOLUTION NO. 01-127 A RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 14:4-9 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT THE PLACEMENT OF FILL FOR PROPERTY ZONED I -P INDUSTRIAL PARK DISTRICT LOCATED AT 2201 EDGEWOOD AVENUE SOUTH BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1 Northern States Power Company, d/b/a/ Xcel Energy, has made application to the City Council for a Conditional Use Permit under Section 14:4-9 of the St. Louis Park Ordinance Code for the purpose of excavating 2,500 cubic yards of fill and placement of 2,640 cubic yards of fill within an I -P Industnal Park Distnct located at 2201 Edgewood Avenue South for the legal description as follows, to -wit: Tract A, Registered Land Survey No. 916, Files of the Registrar of Titles, County of Hennepin, except that part thereof which hes south of a line parallel with and 451.51 feet north of the south line of said Tract A (Cedar Lake Road and Edgewood Avenue) 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 01 -46 -CUP) and the effect of the proposed placement 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 fill will not be detrimental to the health, safety, or general welfare of the community nor will it cause senous traffic congestion nor hazards, nor will it senously depreciate surrounding property values, and the proposed placement 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 01 -46 -CUP are hereby entered into and made part of the public heanng record and the record of decision for this case. Conclusion The Conditional Use Permit to permit the excavation of 2,500 cubic yards of fill and placement of 2,640 cubic yards of fill at the location descnbed is granted based on the findings set forth above and subject to the following conditions: 1. The site shall be used, developed and maintained in accordance with the following official exhibits: A -Location Plan, B -Elevations as amended to include elevations of the control building with each facade constructed out of at least 35% bnck or other Class I matenal as approved by the Zoning Administrator, C- Grading Layout, D- Grading Sections, E - Landscape Plan, F- Landscape Schedule incorporated by reference herein. Resolution No. 01-127 -2- 2. The hours of excavation/reclamation shall be limited to 7:00 a.m. and 6:30 p.m. on weekdays and 9:00 am and 1:00 p.m. on Saturdays. Construction vehicles shall be prohibited from using Eliot View Road. 3. Pnor to any site work, the following conditions shall be met: a. Required erosion control permits, utility permits, and other required permits shall be obtained from the City, Watershed District and any other required agencies. b. The applicant submits to the City a letter from FEMA recognizing that the property is out of the flood plain. c. The applicant shall sign the assent form and amended official exhibits. d. Tree protection fencing shall be installed per ordinance. 4 Pnor to issuance of a building permit, which may impose additional restrictions, the applicant shall submit a Letter of Credit in the amount of 125% of the cost of the landscaping, repair/cleaning of public streets, and repair of utilities. 5. A fence permit shall be required pnor to the installation of the chain link fence. A building permit is also required for fences over six feet in height. 6. Violation of any regulation of the Zoning Ordinance or any of these conditions shall result in a fine of $750 per day. 7. Assent form and official exhibits must be signed by applicant (or applicant and owner if applicant is different from owner) pnor to issuance of a building permit. 8. Approval of a Building Permit, which may impose additional requirements. 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. Reviewed for Administration: Attest: iet-.2.4,0--__ Adopted by the City Council November 5, 2001 • 3474804 rn C) eo �1 COPY RESOLUTION NO. 01-127 A RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 14:4-9 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT THE PLACEMENT OF FILL FOR PROPERTY ZONED I -P INDUSTRIAL PARK DISTRICT LOCATED AT 2201 EDGEWOOD AVENUE SOUTH BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. Northern States Power Company, d/b/a/ Xcel Energy, has made application to the City Council for a Conditional Use Permit under Section 14:4-9 of the St. Louis Park Ordinance Code for the purpose of excavating 2,500 cubic yards of fill and placement of 2,640 cubic yards of fill within an I -P Industnal Park District located at 2201 Edgewood Avenue South for the legal description as follows, to -wit: Tract A, Registered Land Survey No. 916, Files of the Registrar of Titles, County of Hennepin, except that part thereof which lies south of a line parallel with and 451.51 feet north of the south line of said Tract A (Cedar Lake Road and Edgewood Avenue) 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No.' 01 -46 -CUP) and the effect of the.proposed placement 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. • • Resolution No. 01-127 -2- 3. The Council has determined that the placement 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 senously depreciate surrounding property values, and the proposed placement 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 01 -46 -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 the excavation of 2,500 cubic yards of fill and placement of 2,640 cubic yards of fill at the location descnbed is granted based on the findings set forth above and subject to the following conditions: 1. The site shall be used, developed and maintained in accordance with the following official exhibits: A -Location Plan, B -Elevations as amended to include elevations of the control building with each facade constructed out of at least 35% brick or other Class I material as approved by the Zoning Administrator, C- Grading Layout, D- Grading Sections, E - Landscape Plan, F- Landscape Schedule incorporated by reference herein. 2. The hours of excavation/reclamation shall be limited to 7:00 a.m. and 6:30 p.m. on weekdays and 9:00 am and 1:00 p.m. on Saturdays. Construction vehicles shall be prohibited from using Eliot View Road. 3. Prior to any site work, the following conditions shall be met: a. Required erosion control permits, utility permits, and other required permits shall be obtained from the City, Watershed District and any other required agencies. b. The applicant submits to the City a letter from FEMA recognizing that the property is out of the flood plain. c. The applicant shall sign the assent form and amended official exhibits. d. Tree protection fencing shall be installed per ordinance. 4. Prior to issuance of a building permit, which may impose additional restrictions, the applicant shall submit a Letter of Credit in the amount of 125% of the cost of the landscaping, repair/cleaning of public streets, and repair of utilities. 5. A fence permit shall be required prior to the installation of the chain link fence. A building pernut is also required for fences over six feet in height. 6. Violation of any regulation of the Zoning Ordinance or any of these conditions shall result in a fine of $750 per day. 7. Assent form and official exhibits must be signed by applicant (or applicant and owner if • applicant is different from owner) prior to issuance of a building permit. • Resolution No. 01-127 -3- 8. Approval of a Building Permit, which may impose additional requirements. 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. • STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss CITY OF ST. LOUIS PARK ) The undersigned, being the duly qualified Deputy City Clerk of the City of St. Louis Park, Minnesota, certifies that the foregoing resolution is a full, true and correct copy of the original Resolution No. 01-127 adopted at the St. Louis Park City Council meeting held on November 5, 2001. WITNESS my hand and the Seal of the City of St. Louis Park this 5th day of December, 2001. Ni��Sti 6th,V Deputy City Clerk