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HomeMy WebLinkAbout03-124 - ADMIN Resolution - City Council - 2003/09/15RESOLUTION NO. 03-124 A RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-79 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT THE PLACEMENT OF 990 CUBIC YARDS OF FILL TO CORRECT SETTLING FOR PROPERTY ZONED RC MULTI FAMILY RESIDENTIAL DISTRICT LOCATED AT 390 FORD ROAD (SHELARD PARK) BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. The City of St. Louis Park 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 permitting the placement of 990 cubic yards of fill to correct settling within a RC Multi Family Residential District located at 390 Ford Road (Shelard Park) for the legal description as follows, to -wit: All that part of Shelard Park to the City of St. Louis Park, Hennepin County, Minnesota dedicated for park purposes descnbed as follows: Bounded on the westerly side by Lots 1 and 2, Block 4; bounded on the northwesterly ingress/egress by Shelard Parkway; bounded on the northerly side by Lots 1, 2 and 3, Block 3; bounded on the easterly ingress/egress by Ford Road; bounded on the southeasterly side by Lots 1 and 2, Block 5; bounded on the southeasterly ingress/egress by Ford Road; bounded on the easterly side by Lot 1, Block 6; and bounded on the south ingress/egress by U.S. Highway No. 12 (I- 394) 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 03 -55 -CUP) and the effect of the proposed placement of 990 cubic yards of fill to correct settling 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 990 cubic yards of fill to correct settling 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 seriously depreciate surrounding property values, and the proposed placement of 990 cubic yards of fill to correct settling 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 -55 -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 990 cubic yards of fill to correct settling at the location descnbed is granted based on the findings set forth above and subject to the following conditions: Resolution No. 03-124 -2- 1. The site shall be graded in accordance with Shelard Park Grading Exhibit such document incorporated by reference herein. 2. Haul routes shall be as follows: 36th St W. — Hwy 100 —1-394 — US 169 — Shelard Parkway — Ford Road - Wayzata Blvd. 3. The hours of operation shall be limited to the hours between 7:00 a.m. and 5:00 p.m. on weekdays and 9:00 am and 2:00 p.m. on Saturday if needed. 4. The City shall ensure that the contract addresses dust control and repair/cleaning of public streets. Assent form and official exhibits must be signed by applicant (or applicant and owner if applicant is different from owner) pnor to commencing site work. 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: City Clerk Adopted by the City Council September 15, 2003 1 RESOLUTION NO. 03-124 OFFICE r,r CJIJfa HEHNEfI'! COUNT r MItINF SoTA CEP fii I FllFDt.Nf7OR ^nllr Erb 0. 2JU3 NOV 18 AN 8: 22 Z X05 Ai2.7',V(d!r;E" �_:1£PU i A RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-79 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT THE PLACEMENT OF 990 CIJBIC YARDS OF FILL TO CORRECT SETTLING FOR PROPERTY ZONED RC MULTI FAMILY RESIDENTIAL DISTRICT LOCATED AT 390 FORD ROAD (SHELARD PARK) BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1 The City of St. Louis Park 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 permitting the placement of 990 cubic yards of fill to correct settling within a RC Multi Family Residential District located at 390 Ford Road (Shelard Park) for the legal description as follows, to -wit: All that part of Shelard Park to the City of St. Louis Park, Hennepin County, Minnesota dedicated for park purposes described as follows: Bounded on the westerly side by Lots 1 and 2, Block 4; bounded on the northwesterly ingress/egress by Shelard Parkway; bounded on the northerly side by Lots 1, 2 and 3, Block 3; bounded on the easterly ingress/egress by Ford Road; bounded on the southeasterly side by Lots 1 and 2, Block 5; bounded on the southeasterly ingress/egress by Ford Road; bounded on the easterly side by Lot 1, Block 6; and bounded on the south ingress/egress by U.S. Highway No. 12 (I- 394) 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 03 -55 -CUP) and the effect of the proposed placement -of 990 cubic yards of fill to correct settling 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. 03-124 -2- 3 The Council has determined that the placement of 990 cubic yards of fill to correct settling 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 990 cubic yards of fill to correct settling 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 -55 -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 990 cubic yards of fill to correct settling at the location described is granted based on the findings set forth above and subject to the following conditions: 1. The site shall be graded in accordance with Shelard Park Grading Exhibit such document incorporated by reference herein. 2. Haul routes shall be as follows: 36`h St W. — Hwy 100 —1-394 — US 169 — Shelard Parkway — Ford Road - Wayzata Blvd. 3. The hours of operation shall be limited to the hours between 7:00 a.m. and 5:00 p.m. on weekdays and 9:00 am and 2:00 p.m. on Saturday if needed. 4. The City shall ensure that the contract addresses dust control and repair/cleaning of public streets. Assent form and official exhibits must be signed by applicant (or applicant and owner if applicant is different from owner) prior to commencing site work. 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. 03-124 adopted at the St. Louis Park City Council meeting held on Sept. 15, 2003. WITNESS my hand and the Seal of the City of St. Louis Park this 10th day of November, 2003. Nancy J. Stro , t'Depu y City Clerk