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HomeMy WebLinkAbout03-186 - ADMIN Resolution - City Council - 2003/12/15RESOLUTION NO. 03-186 A RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER • SECTION 36-79 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT EXCAVATION OF OVER 400 CUBIC YARDS OF SOIL FOR THE EXPANSION OF A POND FOR PROPERTY ZONED RC MULTI -FAMILY RESIDENTIAL DISTRICT LOCATED AT 390 FORD ROAD 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 excavation of over 400 cubic yards of soil for the expansion of a pond within a RC Multi -Family Residential District located at 390 Ford Road 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) Abstract 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 03 -69 -CUP) and the effect of the proposed excavation 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 over 400 cubic yards of soil for the expansion of a pond 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 is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. 4. The Planning Commission and City Council have determined that the expansion of the pond will benefit other properties in the area and will result in a reconstruction and improvement to the pond bank and the park. 5. The contents of Planning Case File 03 -69 -CUP are hereby entered into and made part of the public hearing record and the record of decision for this case. Resolution No. 03-186 -2- Conclusion The Conditional Use Permit to permit the excavation of over 400 cubic yards of soil for the expansion of a pond 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 Exhibits A, Grading, Drainage and Erosion Control Plan, Exhibit B, Preliminary Utility Plan as modified below, Exhibit C, Landscape Plan as modified below & D, storm water calculations, such documents incorporated by reference herein. A. Exhibit B, Preliminary Utility Plan shall be modified as follows: 1. Place a backflow prevention device between the outlet of the pond and the City's existing 42" storm sewer pipe. 2. Lower the invert elevations within the last manhole before the pond, in order to reduce the inlet velocity into the pond. 3. Minimize the slope of the last section of pipe before the pond to reduce inlet velocity into the pond. 4. Submerge the inlet to the pond 0.4' (0.4' below NWL) to reduce inlet velocity into the pond. B. Exhibit C, Landscape Plan shall be modified to indicate that 40% of the prairie restoration grasses shall be plugs and 60% shall be seed. The prairie restoration plant materials shall include an appropriate mixture of grass and wild flowers and shall beapproved by the Environmental Coordinator. 2. Prior to issuance of an erosion control permit or starting site work: a.) A Bassett Creek Watershed District permit and NPDES permit shall be obtained by the applicant. b.) The applicant for property at 460 Ford Road must submit details of how the existing 60" public storm pipe will be protected permanently and during excavation and construction. c.) Due to the location and limited depth of the existing 60"storm pipe the pipe must be video scoped before and after construction and the applicant will be responsible for repairing any damage to the pipe. d.) A development agreement shall be executed that addresses at a minimum formalizing the 460 Ford Road developer's ability to use the city park land for ponding improvements and responsibilities for restoration of the park, pond and trail, including a' financial guarantee, repair and cleaning of public streets, tree replacement, and relocation of the City street light and electric service. The Mayor and City Manager are authorized to execute the development agreement. e.) A permit for work in the right of way is required for the curb cut and utility connections. f.) The applicant for property at 460 Ford Road must protect existing trees to be preserved and the public sidewalk and trail during construction and rebuild any damage caused during construction. g.) The applicant for property at 460 Ford Road is required to relocate a city street light and electncal serivde. The location and installation must be as approved by the city. Resolution No. 03-186 -3- 3. Prior to beginning any pond dredging or maintenance, the 460 Ford Road developer must comply with the following: a.) An erosion control permit must be obtained from the City. b.) Notify the City Park and Recreation Director to approve an on-site construction route and a site restoration plan. c.) Submit financial surety for cleaning/repair of public streets, dust control and site restoration as determined by the Public Works and Park & Recreation Directors. d.) Install traffic control and cautionary signs (e.g., ice warning signs) as required by the Public Works Director and Park & Recreation Director. 4. Other requirements. a.) Haul routes shall be as follows: Ford Road to Shelard Parkway to TH 169. b.) The hours of operation shall be limited to the hours between 7:00 a.m. and 7:00 p.m. on weekdays and 9:00 am and 7:00 p.m. on weekends and holidays. c.) The site must be watered regularly for dust control and streets must be kept clean throughout hauling routes. d.) New trees and other vegetation shall be planted as soon as practical in accordance with the approved landscape plan. e.) The trails on both sides of the pond shall be kept open for pedestrian movement during construction of the pond. f.) The 460 Ford Road developer shall pay an administrative fine of $750 per violation of any condition of this approval. Assent form and official exhibits must be signed by applicant (or applicant and owner if applicant is different from owner) prior to issuance of an erosion control permit or starting any site work. The City Clerk is instructed to record certified copies of this resolution in the Office of the He . in County Register of Deeds or Registrar of Titles as the case may be. ....3.. . 111/ City Man: Attest: dministration: C' y Clerk Adopted by the City Council December 15, 2003 Mayo )1-'11 • RESOLUTION NO. 03-186 ircT IIF CPUN I E Cr<LER I'`Nl 1_°IM L:IU JT1' i,1'♦NE OTA C_,ii Fl!_D 0AND 0R 1- rti Z[7; DEC 30 PN I: 09 8263468 / u f/ Co A RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-79 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT EXCAVATION OF OVER 400 CUBIC YARDS OF SOIL FOR THE EXPANSION OF A POND FOR PROPERTY ZONED RC MULTI -FAMILY RESIDENTIAL DISTRICT LOCATED AT 390 FORD ROAD 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 excavation of over 400 cubic yards of soil for the expansion of a pond within a RC Multi -Family Residential District located at 390 Ford Road 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) Abstract o rUr, • • Resolution No. 03-186 -2- 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 03 -69 -CUP) and the effect of the proposed excavation 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 over 400 cubic yards of soil for the expansion of a pond 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 is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. 4. The Planning Commission and City Council have determined that the expansion of the pond will benefit other properties in the area and will result in a reconstruction and improvement to the pond bank and the park. 5 The contents of Planning Case File 03 -69 -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 over 400 cubic yards of soil for the expansion of a pond 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 Exhibits A, Grading, Drainage and Erosion Control Plan, Exhibit B, Preliminary Utility Plan as modified below, Exhibit C, Landscape Plan as modified below & D, storm water calculations, such documents incorporated by reference herein. A. Exhibit B, Preliminary Utility Plan shall be modified as follows: 1. Place a backflow prevention device between the outlet of the pond and the City's existing 42" storm sewer pipe. 2. Lower the invert elevations within the last manhole before the pond, in order to reduce the inlet velocity into the pond. 3. Minimize the slope of the last section of pipe before the pond to reduce inlet velocity into the pond. 4. Submerge the inlet to the pond 0.4' (0.4' below NWL) to reduce inlet velocity into the pond. • • O Resolution No. 03-186 -3- B. Exhibit C, Landscape Plan shall be modified to indicate that 40% of the prairie restoration grasses shall be plugs and 60% shall be seed. The prairie restoration plant materials shall include an appropnate mixture of grass and wild flowers and shall beapproved by the Environmental Coordinator. 2. Pnor to issuance of an erosion control permit or starting site work. a.) A Bassett Creek Watershed Distract permit and NPDES permit shall be obtained by the applicant. b.) The applicant for property at 460 Ford Road must submit details of how the existing 60" public storm pipe will be protected permanently and dunng excavation and construction. c.) Due to the location and limited depth of the existing 60"storm pipe the pipe must be video scoped before and after construction and the applicant will be responsible for repairing any damage to the pipe. d.) A development agreement shall be executed that addresses at a minimum formalizing the 460 Ford Road developer's ability to use the city park land for ponding improvements and responsibilities for restoration of the park, pond and trail, including a financial guarantee, repair and cleaning of public streets, tree replacement, and relocation of the City street light and electnc service. The Mayor and City Manager are authonzed to execute the development agreement. e.) A permit for work in the right of way is required for the curb cut and utility connections. f.) The applicant for property at 460 Ford Road must protect existing trees to be preserved and the public sidewalk and trail during construction and rebuild any damage caused dunng construction. g.) The applicant for property at 460 Ford Road is required to relocate a city street light and electrical serivde. The location and installation must be as approved by the city. 3. Prior to beginning any pond dredging or maintenance, the 460 Ford Road developer must comply with the following: a.) An erosion control permit must be obtained from the City. b.) Notify the City Park and Recreation Director to approve an on-site construction route and a site restoration plan. c.) Submit financial surety for cleamng/repair of public streets, dust control and site restoration as determined by the Public Works and Park & Recreation Directors. d.) Install traffic control and cautionary signs (e.g., ice warning signs) as required by the Public Works Director and Park & Recreation Director. 4. Other requirements: a.) Haul routes shall be as follows: Ford Road to Shelard Parkway to TH 169. b.) The hours of operation shall be limited to the hours between 7:00 a.m. and 7:00 p.m. on weekdays and 9:00 am and 7:00 p.m. on weekends and holidays. Resolution No. 03-186 -4- c.) The site must be watered regularly for dust control and streets must be kept clean throughout hauling routes. d.) New trees and other vegetation shall be planted as soon as practical in accordance with the approved landscape plan. e.) The trails on both sides of the pond shall be kept open for pedestnan movement during construction of the pond. f) The 460 Ford Road developer shall pay an administrative fine of $750 per violation of any condition of this approval. Assent form and official exhibits must be signed by applicant (or applicant and owner if applicant is different from owner) prior to issuance of an erosion control permit or starting any 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 Ili Resolution No. 03-186 adopted at the St. Louis Park City Council meeting held on December 15, 2003. -WITNESS my hand and the Seal of the City of St. Louis Park this 17th day of December, 2003. o Nancy J. Stroth, eputy City Clerk