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HomeMy WebLinkAbout05-066 - ADMIN Resolution - City Council - 2005/05/02RESOLUTION NO. 05-066 A RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-79 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT THE EXCAVATION OF MORE THAN 400 CUBIC YARDS OF MATERIAL FOR PROPERTY ZONED R-1 SINGLE FAMILY RESIDENTIAL DISTRICT LOCATED AT 2025 TEXAS AVENUE SOUTH BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. St. Louis Park Independent School Distnct 283 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 more than 400 cubic yards of matenal for the purpose of reconstructing the parking lot of the St. Louis Park Junior High School within a R-1 Single Family Residential District located at 2025 Texas Avenue South for the legal description as follows, to -wit: Blocks 1 through 5, inclusive, Westwood Hills Second Addition, according to the recorded plat thereof, and the south 299.00 feet of Lots 4 and 5, Beebe's Outlots, according to the recorded plat thereof, except the west 240.00 feet of said Lot 5 which lies north of the south 274.00 feet of said Lot 5 thereof, all in Hennepin County, Minnesota (Abstract) 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 05 -09 -CUP) and the effect of the proposed excavation of more than 400 cubic yards of material 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 more than 400 cubic yards of material will not be detnmental to the health, safety, or general welfare of the community nor will it cause serious traffic congestion nor hazards, nor will it senously 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 contents of Planning Case File 05 -09 -CUP are hereby entered into and made part of the public heanng record and the record of decision for this case. Resolution No. 05-066 -2- Conclusion The Conditional Use Permit to permit the excavation of more than 400 cubic yards of matenal at the location descnbed is granted based on the findings set forth above and subject to the following conditions: 1. The site shall be excavated and developed in accordance with the conditions of this resolution, the approved Official Exhibits, and the City Code; all documents are incorporated by reference herein. 2. Prior to any site work, the developer shall meet the following requirements: a. Stormwater design details must be submitted and approved by the City Engineer. b. A copy of the Watershed Distnct permit shall be forwarded to the City. d. Obtain the required erosion control permit and other permits required by the City, which may impose additional conditions. e. Any other necessary permits from other agencies shall be obtained. f Sign Assent form and official exhibits. h. Specifications for tree protection and erosion control fencing must be submitted and approved by the City Forester. Required tree protection and erosion control fencing must be installed pnor to grading activities. i. All other engineering requirements must be met. 3. The required easement on this site for the Lamplighter Pond project must be signed and submitted to the City pnor to the CUP being issued. 4. The hauling route shall be north on Texas Avenue to Wayzata Boulevard, or in the event of a conflict with the Texas Avenue construction, south on Texas Avenue to Cedar Lake Road to Highway 169. In addition to any other remedies, the developer or owner shall pay an administrative fee 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. T e City ennepi Clerk is instructed to record certified copies of this resolution in the Office of the County Register of Deeds or Registrar of Titles as the case may be. Revie or Administration: City a ager Attest. Ci Clerk Adopted by the City Council May 2, 2005 all May, o • 1111111111114111V 11111 11111111111 Doc No 8749052 02/15/2006 Ott 17 AM Certified filed and f�ecorded on above date Office of the County Recorder Henne n County, Minnesota Michael Cunniff, County Recorder Deputy 7 TranslD 191886 Fees $35 50 $10 50 SUR $46 00 Total RESOLUTION NO. 05-066 A RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-79 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT THE EXCAVATION OF MORE THAN 400 CUBIC YARDS OF MATERIAL FOR PROPERTY ZONED R-1 SINGLE FAMILY RESIDENTIAL DISTRICT LOCATED AT , 2025 TEXAS AVENUE SOUTH BE IT RESOLVED BY the City_ Council of the City of St. Louis Park: Findings 1 St. Louis Park Independent School District 283 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 more than 400 cubic yards of material for the purpose of reconstructing the parking lot of the St. Louis Park Junior High School within a R-1 Single Family Residential District located at 2025 Texas Avenue South for the legal description as follows, to -wit: Blocks 1 through 5, inclusive, Westwood Hills Second Addition, according to the recorded plat thereof, and the south 299 00 feet of Lots 4 and 5, Beebe's Outlots, according to the recorded plat thereof, except the west 240.00 feet of said Lot 5 which lies north of the south 274.00 feet of said Lot 5 thereof, all in Hennepin County, Minnesota (Abstract) • o Rekr ii .iiion No. 05-066 -2- 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 05 -09 -CUP) and the effect of the proposed excavation of more than 400 cubic yards of matenal 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 more than 400 cubic yards of material 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 contents of Planning Case File 05 -09 -CUP are hereby entered into and made part of the public hearing record and the record of decision for this case. Reiution No. 05-066 -3- Conclusion The Conditional Use Permit to permit the excavation of more than 400 cubic yards of material at the location descnbed is granted based on the findings set forth above and subject to the following conditions: 1. The site shall be excavated and developed in accordance with the conditions of this resolution, the approved Official Exhibits, and the City Code; all documents are incorporated by reference herein. 2. Pnor to any site work, the developer shall meet the following requirements: a. Stormwater design details must be submitted and approved by the City Engineer. b. A copy of the Watershed Distnct permit shall be forwarded to the City. d. Obtain the required erosion control permit and other permits required by the City, which may impose additional conditions. e. Any other necessary permits from other agencies shall be obtained. f. Sign Assent form and official exhibits. h. Specifications for tree protection and erosion control fencing must be submitted and approved by the City Forester. Required tree protection and erosion control fencing must be installed prior to grading activities. i. All other engineering requirements must be met. 3. The required easement on this site for the Lamplighter Pond project must be signed and submitted to the City pnor to the CUP being issued. 4. The hauling route shall be north on Texas Avenue to Wayzata Boulevard, or in the event of a conflict with the Texas Avenue construction, south on Texas Avenue to Cedar Lake Road to Highway 169. In addition to any other remedies, the developer or owner shall pay an administrative fee 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. 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 CITY OF ST. LOUIS PARK ) ss The undersigned, being the duly qualified 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. 05-066 adopted at the St Louis Park City Council meeting held on May 2, 2005. WITNESS my hand and the Seal of the City of St. Louis Park this 6th day of January, 2006. Nancy Gly Jerk