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HomeMy WebLinkAbout03-109 - ADMIN Resolution - City Council - 2003/09/02RESOLUTION NO. 03 - 109 A RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-79 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT EXCAVATION OF APPROXIMATELY 13,000 YARDS OF CONTAMINATED SOIL AND PROCESSING WASTE AND BACKFILL OF APPROXIMATELY 13,000 CUBIC YARDS OF IMPORTED SOIL FOR PROPERTY ZONED IP INDUSTRIAL PARK DISTRICT LOCATED AT 2401 EDGEWOOD AVENUE BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. Edgewood Investors LLC has made application to the City Council for a Conditional Use Permit under Section 36-79 of the St. Louis Park Ordinance Code for the purpose of excavation of approximately 13,000 yards of contaminated soil and processing waste and backfill of approximately 13,000 cubic yards of imported soil within a IP Industrial Park Distnct located at 2401 Edgewood Avenue for the legal description as follows, to -wit: Parcel 1: Tract C, Registered Land Survey No. 916, Files of Registrar of Titles, County of Hennepin Parcel 2: All that part of Tract D, Registered Land Survey No. 916, Files of Registrar of Titles, County of Hennepin, which lies Westerly of the following described line: Commencing at the Southwest corner of said Tract D; thence Northerly along the Westerly line of said Tract D, a distance of 179.87 feet to the point of beginning of the line to be described; thence Northerly deflecting to the right 5 degrees 38 minutes 26 seconds a distance of 83.26 feet; thence Northerly deflection to the right 2 degrees 41 minutes 29 seconds a distance of 106.65 feet; thence Northwesterly deflecting to the left 38 degrees 24 minutes 43 seconds to the West line of said Tract D and there terminating. Torrens 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 03 -47 -CUP) and the effect of the proposed excavation of contaminated soil and processing waste and placement of new 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 excavation of contaminated soil and processing waste and placement of new 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 excavation and placement of fill is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. Resolution No. 03-110 -2- 4. The contents of Planning Case File 03 -47 -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 contaminated soil and processing waste and placement of new fill at the location described is granted based on the findings set forth above and subject to the following conditions: 1. The site shall be developed, used and maintained in accordance with the Grading Plans such documents incorporated by reference herein. 2. Trucks shall enter/exit the site using Edgewood Avenue and Cedar Lake Road. Trucks are prohibited from using Eliot View Road and Florida Avenue and shall travel eastbound on Cedar Lake Road when exiting from Edgewood Avenue. 3. The hours of operation shall be limited to the hours between 7:00 a.m. and 10:00 p.m. on weekdays and 9:00 am and 10:00 p.m. on weekends and holidays. 4. The site must be watered regularly for dust control and streets must be kept clean throughout hauling routes. 5. Assent form and official exhibits must be signed by applicant and owner and financial surety for cleaning repair of streets shall be submitted prior to hauling soil on or off-site. 6. Operations shall comply with noise restriction or obtain a temporary noise permit. 7. Traffic control devices shall be implemented as determined by the Public Works Director. 8. The developer or owner shall pay an administrative fine of $750 per violation of any condition of this approval. Under the Zoning Ordinance Code, this permit shall be revoked and cancelled if the grading is not completed in accordance with approved plans within one year. This Conditional Use Permit is for excavation and fill only. A separate building permit, which may impose additional requirements must be obtained prior to any building construction activities. 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: z / D • v 6 City Manager Attest: ty Clerk A the City Council September 2, 2003 Mayor o Tn k ® in T -! z 77:1___t_. cf. n ) X N r CD O ow , O 2 n -4 _ _ _ ` CD T7 -en -C rte- 6' -51 -C co m 3 RESOLUTION NO. 03 -109 3S X 687 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-79 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT EXCAVATION OF APPROXIMATELY 13,000 YARDS OF CONTAMINATED SOIL AND PROCESSING WASTE AND BACKFILL OF APPROXIMATELY 13,000 CUBIC YARDS OF IMPORTED SOIL FOR PROPERTY ZONED IP INDUSTRIAL PARK DISTRICT LOCATED AT 2401 EDGEWOOD AVENUE BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. Edgewood Investors LLC has made application to the City Council for a Conditional Use Permit under Section 36-79 of the St. Louis Park Ordinance Code for the purpose of excavation of approximately 13,000 yards of contaminated soil and processing waste and backfill of approximately 13,000 cubic yards of imported soil within a IP Industrial Park Distnct located at 2401 Edgewood Avenue for the legal description as follows, to -wit: Parcel 1: Tract C, Registered Land Survey No. 916, Files of Registrar of Titles, County of Hennepin Parcel 2: All that part of Tract D, Registered Land Survey No. 916, Files of Registrar of Titles, County of Hennepin, which lies Westerly of the following described line: Commencing at the Southwest comer of said Tract D; thence Northerly along the Westerly line of said Tract D, a distance of 179.87 feet to the point of beginning of the line to be described; thence Northerly deflecting to the right 5 degrees 38 minutes 26 seconds a distance of 83.26 feet; thence Northerly deflection to the right 2 degrees 41 minutes 29 seconds a distance of 106.65 feet; Resolution No. 03-109 -2- thence Northwesterly deflecting to the left 38 degrees 24 minutes 43 seconds to the West line of said Tract D and there terminating. Torrens 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 03 -47 -CUP) and the effect of the proposed excavation of contaminated soil and processing waste and placement of new 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 excavation of contaminated soil and processing waste and placement of new 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 excavation and 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 03 -47 -CUP are hereby entered into and made part of the public hearing record and the record of decision for this case. 4110 Conclusion The Conditional Use Permit to permit the excavation of contaminated soil and processing waste and placement of new fill at the location described is granted based on the findings set forth above and subject to the following conditions: 1. The site shall be developed, used and maintained in accordance with the Grading Plans such documents incorporated by reference herein. 2. Trucks shall enter/exit the site using Edgewood Avenue and Cedar Lake Road. Trucks are prohibited from using Eliot View Road and Florida Avenue and shall travel eastbound on Cedar Lake Road when exiting from Edgewood Avenue. 3. The hours of operation shall be limited to the hours between 7:00 a.m. and 10:00 p.m. on weekdays and 9:00 am and 10:00 p.m. on weekends and holidays. 4. The site must be watered regularly for dust control and streets must be kept clean throughout hauling routes. 5. Assent form and official exhibits must be signed by applicant and owner and financial surety for cleaning repair of streets shall be submitted prior to hauling soil on or off-site. 6. Operations shall comply with noise restriction or obtain a temporary noise permit. 7. Traffic control devices shall be implemented as determined by the Public Works Director. 8. The developer or owner shall pay an administrative fine of $750 per violation of any condition of this approval. Resolution No. 03-109 -3- Under the Zoning Ordinance Code, this permit shall be revoked and cancelled if the grading is not completed in accordance with approved plans within one year. This Conditional Use Permit is for excavation and fill only. A separate building permit, which may impose additional requirements must be obtained prior to any building construction activities. 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. 03-109 adopted at the St. Louis Park City Council meeting held on September 2, 2003, 2003. WITNESS my hand and the Seal of the City of St. Louis Park this 10th day of November, 2003. w Nancy J. Stroth," Deputy City Clerk