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HomeMy WebLinkAbout04-148 - ADMIN Resolution - City Council - 2004/12/06RESOLUTION NO. 04-148 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 81,300 CUBIC YARDS OF EXCAVATION MATERIAL AND EXPAND POND 5.9 ACRES FOR PROPERTIES ZONED R-1 AND R-2 SINGLE FAMILY RESIDENTIAL DISTRICTS LOCATED AT 1800 PENNSYLVANIA AVENUE SOUTH AND 1461 TEXAS AVENUE SOUTH BE IT RESOLVED BY the City Council of the City of St Louis Park: Findings 1. The City of St. Louis Park and Park Assembly of God Church have 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 81,300 cubic yards of excavation material and to expand pond 5.9 acres through excavation of area north of pond within R-1 and R-2 Single Family Residential Distncts located at 1800 Pennsylvania Avenue South and 1461 Texas Avenue South for the legal description as follows. That part of the Northwest Quarter of the Southwest Quarter of Section 5, Township 117, Range 21, lying South of the most southerly line of the plat of Turf and Paddock, and its Easterly extension, East of the plat of Texas Terrace Third Addition and West of the Westerly right-of-way line of Pennsylvania Avenue, except the West 570 feet of the East 600 00 feet of the South 25 00 feet thereof, and which is a portion of the following described property Beginning at the Southwest corner of Block 1, Texas Terrace 3"' Addition, then East to the Southeast corner thereof then North to the Northeast corner thereof, then East along the South line of Turf and Paddock and its Easterly extension to the East line of the NW '/a of the SW '/a then South to the Southeast corner thereof, then West along the South line thereof to the Easterly line of Texas Avenue then Northerly along said Easterly line to the beginning, except the South 25 feet of the East 600 feet thereof and except road. 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 03 -50 -CUP) and the effect of the proposed excavation and pond expansion 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 and pond expansion 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 pond expansion is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan Resolution No. 04-148 -2- 4. The contents of Planning Case File 03 -50 -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 approximately 81,300 cubic yards of excavation material and expansion of pond by 5 9 acres through excavation of the area north of pond at the location described is granted based on the findings set forth above and subject to the following conditions: 1 The Lamplighter Pond site shall be excavated in accordance with the Grading, Erosion Control and Landscape Plans; and such documents incorporated by reference herein 2. Haul routes shall be as follows. Inbound: I-394 — Louisiana Ave — Franklin Ave — Pennsylvania Ave —South Site Access Point Outbound: Northerly Site Access Point — Pennsylvania Ave — Wayzata Blvd — Louisiana Ave —1-394 3 The hours of operation shall be between 8:00 a.m and 6 00 p.m. on weekdays and 9 00 am and 6:00 p.m on weekends; wntten notice to all property owners within at least 350 feet must be given pnor to working on weekends. If additional hours for the excavation project are needed, hours may be extended to those allowed by city ordinance with wntten notice given to all property owners within at least 350 feet pnor to conducting work in the extended hours. 4. Access and egress points to the excavation site must be located as far as possible from residences and fencing must be installed to direct truck traffic onto the site. 5. Trucks must queue off-site as much as possible 6. The City shall ensure that the contract addresses dust control and repair/cleaning of public streets. Under the Zoning Ordinance Code, this permit shall be revoked and cancelled if the 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 a building permit The City Clerk is instructed to record certified copies of this resolution in the Office of the H - sin County Register of Deeds or Registrar of Titles as the case may be evie ed for Administration: City Attest. D ity Clerk Adopted by the City Council December 6, 2004 M Resolution No. 04-148 -3- I.A'NP'MU PA;+ii 1H.1T.1t\Ya11LNIN f, f' 1.11111; V.i .. MIFiM flT.t Lamplighter Pond Sketch Plan of Proposed Enhancements