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HomeMy WebLinkAbout03-187 - ADMIN Resolution - City Council - 2003/12/150 RESOLUTION NO. 03-187 A RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-79 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT THE EXECAVATION OF OVER 400 CUBIC YARDS OF SOIL TO ACCOMMODATE AN UNDERGROUND PARKING GARAGE FOR PROPERTY ZONED RC MULTI -FAMILY RESIDENTIAL DISTRICT LOCATED AT 460 FORD ROAD BE IT RESOLVED BY the City Council of the City of St Louis Park. Findings 1. Ford Road Partners, LLC (Parkside Urban Homes, Inc., Robert Johnson) 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 to accommodate an underground parking garage within a RC Multi -Family Residential District located at 460 Ford Road for the legal description as follows, to -wit: That part of Lot 2, Block 5, Shelard Park, lying Westerly of a line drawn from a point on the Northerly line of said Lot distant 153.75 feet Easterly from the Northwesterly corner thereof, to a point on the curved Southeasterly line of said Lot, an arc distant of 72.47 feet Northeasterly from the most Southerly corner thereof, Hennepin County, Minnesota 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 to accommodate an underground parking garage 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 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 Case No. 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 for the excavation of over 400 cubic yards of fill to accommodate an underground parking garage 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. Resolution No. 03-187 -2- 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 praine restoration plant matenals shall include an appropriate mixture of grass and wild flowers and shall approved by the Environmental Coordinator. 2. Prior to issuance of an erosion control permit or starting any site work. a.) A watershed district and NPDES permit will be required b.) The applicant must submit details of how the existing 60" public storm pipe will be protected permanently and during construction and how the proposed sanitary service will be located in relation to the 60" storm pipe. 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 repainng any damage to the pipe. d.) A development agreement shall be executed which shall address, at a minimum, formalizing the developers' ability to use the city 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 authorized to execute the development agreement. e.) The applicant is required to relocate a city street light and electrical service. The location and installation must be as approved by the city. f.) A permit for work in the nght of way will be needed for the curb cut and utility connections. g.) The applicant must protect existing trees to be preserved and the public sidewalk dunng construction and rebuild any damage caused dunng construction. 3. Pnor to beginning any pond dredging maintenance, the applicant must comply with the following: a.) b.) c.) d.) An erosion control permit must be obtained from the City Notify the City Park and Recreation Director to approve an on-site construction route and a site restoration plan Submit financial surety for cleaning/repair of public streets, dust control and site restoration as determined by the Public Works and Park & Recreation Directors. Install traffic control and cautionary signs (e.g., ice warning signs) as required by the Public Works Director and Park & Recreation Director. o 0 I ._ r Resolution No. 03-187 -3- 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 pedestnan movement during construction of the pond. f.) The developer 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 building or structure for which the conditional use permit is granted is removed. 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. Approval of the erosion control permit may impose additional requirements. The City Clerk is instructed to record certified copies of this resolution in the Office of the Henne. County Register of Deeds or Registrar of Titles as the case may be. Revi wed f• r Administration: City Mana Attest: C' Clerk 0 Adopted by the City Council December 15, 2003 Mayor )(Lai RESOLUTION NO. 03-187 err i icf_ !I,F (:(lr)hil ,C' O'r'[lE"'� tlr_:lf;£P)i{ COUF1i`r i`i I:id :;QTS Cf_f+111-IFir i!'il :iiL OR 'J L+"_(; 30 Psi t -.0 8263470 '.'/1.,�' •, ,,,v,,,;., CC REC A RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-79 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT THE EXECAVATION OF OVER 400 CUBIC YARDS OF SOIL TO ACCOMMODATE AN UNDERGROUND PARKING GARAGE FOR PROPERTY ZONED RC MULTI -FAMILY RESIDENTIAL DISTRICT LOCATED AT 460 FORD ROAD BE IT RESOLVED BY the City Council of the City of St. Louis Park: • Findings 1. Ford Road Partners, LLC (Parkside Urban Homes, LLC, Robert Johnson) 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 to accommodate an underground parking garage within a RC Multi -Family Residential District located at 460 Ford Road for the legal description as follows, to -wit: That part of Lot 2, Block 5, Shelard Park, lying Westerly of a line drawn from a point on the Northerly line of said Lot distant 153.75 feet Easterly from the Northwesterly corner thereof, to a point on the curved Southeasterly line of said Lot, an arc distant of 72 47 feet Northeasterly from the most Southerly corner thereof, Hennepin County, Minnesota 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. _ _PFPUTY Resolution No. 03-187 -2- 3. The Council has determined that the excavation of over 400 cubic yards of soil to accommodate an underground parking garage 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 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 Case No. 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 for the excavation of over 400 cubic yards of fill to accommodate an underground parking garage 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 praine restoration plant materials shall include an appropriate mixture of grass and wild flowers and shall approved by the Environmental Coordinator. 2. Pnor to issuance of an erosion control permit or starting any site work: a.) b.) A watershed district and NPDES permit will be required. The applicant must submit details of how the existing 60" public storm pipe will be protected permanently and during construction and how the proposed sanitary service will be located in relation to the 60" storm pipe. Resolution No. 03-187 -3- 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 which shall address, at a minimum, formalizing the developers' ability to use the city 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 authonzed to execute the development agreement. e.) The applicant is required to relocate a city street light and electrical service. The location and installation must be as approved by the city. f.) A permit for work in the nght of way will be needed for the curb cut and utility connections g) The applicant must protect existing trees to be preserved and the public sidewalk during construction and rebuild any damage caused during construction. 3. Prior to beginning any pond dredging maintenance, the applicant 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 developer 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 building or structure for which the conditional use permit is granted is removed. Resolution No. 03-187 -4- 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 Approval of the erosion control permit 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. 03-187 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. Nancy J. eputy City Clerk