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HomeMy WebLinkAbout06-084 - ADMIN Resolution - City Council - 2006/05/150 RESOLUTION NO. 06-084 A RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-79 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT THE EXCAVATION/FILLING OF MORE THAN 400 CUBIC YARDS OF SOIL FOR PROPERTY ZONED C2 GENERAL COMMERCIAL DISTRICT AND IP INDUSTRIAL PARK DISTRICT LOCATED AT 7003 LAKE STREET, 6651 HIGHWAY 7, 3625 AND 3629 HAMPSHIRE AVENUE SOUTH, AND VACATED HAMPSHIRE AVENUE BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. Real Estate Recycling 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/filling more' than 400 cubic yards of soil within C2 General Commercial and IP Industrial Park Districts located at 7003 Lake Street, 6651 Highway 7, and 3625 and 3629 Hampshire Avenue South for the legal descnption as follows, to -wit: That portion of Hampshire Avenue platted in "Rearrangement of St. Louis Park" as Central Avenue, which lies Southerly of the Easterly extension of the Northerly line of Lot 4, Auditor's Subdivision No. 348, Hennepin County, Minnesota, also known as the southerly right of way line of Lake Street, and which hes northerly of the westerly extension of the Northerly line of Lot 3, of said Auditor's Subdivision No. 348, to the westerly hne of said vacated street and that part of the Northeasterly one-half of said vacated street which hes northerly of a line drawn at right angles to the centerline of said vacated street, said line intersects the Southwest corner of the Northwesterly 25 feet of Lot 3, Auditor's Subdivision No 348. And Par 1: Lot 4 except that part lying Southeasterly of a line running from a point in the Northeasterly line of said Lot distant 367.24 feet Southeasterly, measured along said Northeasterly line from the most Northerly corner thereof to a point in the Southwesterly line of said Lot; distant 535.8 feet Southeasterly measured along Southwesterly line from the most Westerly corner thereof, Auditor's subdivision Number 348, Hennepin County, Minnesota Par 2: Lots 1 and 2; Lot 3 except the Northerly 25 feet thereof and that part of Lot 4 lying Southeasterly of a line running from a point in the Northeasterly line of said Lot, distant 367.24 feet Southeasterly, measured along said Northeasterly line from the most Northerly corner thereof to a point in the Southwesterly line of said Lot, distant 535.8 feet Southeasterly measured along said Southwesterly line from the most Westerly corner thereof, Auditor's Subdivision Number 348, Hennepin County, Minnesota Resolution No. 06-084 -2- Par 3: Lot 5, Auditor's Subdivision No. 348, Hennepin County, Minnesota Subject to nghts of The Park Central Little League and others, if any, to the use of that portion of the above descnbed premises being used as a grandstand and baseball diamond as shown in deed Dec. 1344270; (as to land in Par 2) Subject to the right of the State of Minnesota to construct and maintain temporary snow fences upon those portions of said lands adjacent to State Highway No. 7; (as to land in Pars 1, 2 and 3) Torrens Property And Lots 43, 44 and 46, Block 37, including adjacent half of alley vacated and Lots 47 and 48, Block 37, Rearrangement of St. Louis Park. Also The Southwesterly 17.5 feet of Lots 12,13, 14, 15, 16 and 17, and Southwesterly 27.5 feet of Lots 18, 19 and 20, Block 37, Rearrangement of St. Louis Park; Together with the Northeasterly half of vacated alley adjoining said Lots and lying between the extension Southwesterly of the Southeasterly line of said Lot 20 and the Westerly extension of the Northerly line of said Lot 12, except such portion as taken by the State of Minnesota for Trunk Highway No. 7, all lying and being in Hennepin County, Minnesota. Abstract Property And Lots 32 through 42 inclusive, Block together with the Westerly one-half Resolution filed in Book 558 of Misc., 110. Hennepin County, Minnesota Abstract Property And Lot 5, Auditor's Subdivision No. 348 Hennepin County, Minnesota And 37, "Rearrangement of St. Louis Park," of the alley in Block 37 vacated by Page 23, and in Book 607 of Misc., Page Resolution No. 06-084 -3- That part of the Southwest half of vacated Hampshire Avenue, platted in "Rearrangement of St. Louis Park" as Central Avenue, which hes Southerly of the Westerly extension of the Northerly line of Lot 3, Auditor's Subdivision No. 348 and Northerly of Lot 2, Block 51, "Rearrangement of St. Louis Park," and that part of the Northeasterly half of said vacated street which lies Southerly of a line drawn at right angles to the centerline of said vacated street, which line intersects at the Southwest corner of the Northwesterly 25 feet of Lot 3, Auditor's Subdivision No. 348, and Northerly of Lot 2, Block 51 "Rearrangement of St. Louis Park." Hennepin County, Minnesota 2 The City Council has considered the advice and recommendation of the Planning Commission (Case No. 06 -32 -CUP) and the effect of the proposed excavation and filling 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 filling will not be detnmental 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 excavation and 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 06 -32 -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 excavation and filling 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 Exhibits incorporated by reference herein. 2. Fire lanes shall be indicated on the plan as required by the Fire Marshall. 3. Pnor to starting any site work, the following conditions shall be met: a. Obtain all necessary permits from the City (erosion control permit), Minnehaha Creek Watershed Management Commission, and other agencies. Copies of permits from the watershed and other agencies shall be provided to the City. b. Install erosion control measures on any portion of the site disturbed by the proj ect. c. Submit a performance guarantee to the City in the form of cash escrow or letter of credit for 125% of the cost of the restoration work. Such letter of credit shall be on a form provided or approved by the City Attorney. Resolution No. 06-084 -4- 4. The developer shall comply with the following conditions during construction: a. All City noise ordinances which state that work shall be limited to the hours between 7:00 a.m. and 10:00 p.m. on weekdays and 9:00 a.m. and 10:00 p.m. on weekends. b. The site shall be kept free of dust and debris that could blow onto neighbonng properties. c. All state and local dust control and noise regulations. d. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of construction on surrounding properties. 5. The trucks utilized for hauling shall only use Monitor Street, West Lake Street, Louisiana Avenue, and Highway 7 in St. Louis Park for trips to and from the site. 6. Upon completion of excavation and filling, the applicant shall restore all streets, and the disturbed areas on the site according to the plans. 7. 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. 8. 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. 9. 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. 10. Approval of a Building Permit, which may impose additional requirements. The City Clerk is instructed to record certified copies of this resolution in the Office of the epin County Register of Deeds or Registrar of Titles as the case may be. Revie for Administration: Adopted by the City Council May 15, 2006 City Manager Attest: City Clerk o6 -ASH IVIII Ih IAII IIVI ILII IIYI VIR HII III IVI Doc No 8947915 03/09/2007 09 31 AM Certified filed and or recorded on above date Office of the County Re7'er Hennepin County, Mi nesota Michael H Cunniff, C my Recorder T,r*anslD 296407 • • Deputy 18 Fees $35 50 DOC $10 50 SUR $46 00 Total RESOLUTION NO. 06-084 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-79 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT THE EXCAVATION/FILLING OF MORE THAN 400 CUBIC YARDS OF SOIL FOR PROPERTY ZONED C2 GENERAL COMMERCIAL DISTRICT AND IP INDUSTRIAL PARK DISTRICT LOCATED AT 7003 LAKE STREET, 6651 HIGHWAY 7, 3625 AND 3629 HAMPSHIRE AVENUE SOUTH, AND VACATED HAMPSHIRE AVENUE BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. Real Estate Recycling 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/filling more than 400 cubic yards of soil within C2 General Commercial and IP Industnal Park Distncts located at 7003 Lake Street, 6651 Highway 7, and 3625 and 3629 Hampshire Avenue South for the legal descnption as follows, to -wit. That portion of Hampshire Avenue platted in "Rearrangement of St Louis Park" as Central Avenue, which hes Southerly of the Easterly extension of the Northerly line of Lot 4, Auditor's Subdivision No. 348, Hennepin County, Minnesota, also known as the southerly right of way line of Lake Street, and which hes northerly of the westerly extension of the Northerly line of Lot 3, of said Auditor's Subdivision No. 348, to the westerly line of said vacated street and that part of the Northeasterly one-half of said vacated street which lies northerly of a line drawn at right angles to the centerline of said vacated street, said hne intersects the Southwest corner of the Northwesterly 25 feet of Lot 3, Auditor's Subdivision No 348. And Par 1 Lot 4 except that part lying Southeasterly of a line running from a point in the Northeasterly line of said Lot distant 367.24 feet Southeasterly, measured along said Northeasterly line from the most Northerly corner thereof to a point in the Southwesterly hne of said Lot; distant 535 8 feet Southeasterly measured along Southwesterly line from the most Westerly corner thereof, Auditor's subdivision Number 348, Hennepin County, Minnesota Par 2: Lots 1 and 2; Lot 3 except the Northerly 25 feet thereof and that part of Lot 4 lying Southeasterly of a line running from a point in the Northeasterly line of said Lot, distant 367.24 feet Southeasterly, measured along said Northeasterly (6,02fsQ. kruAison Wcfq cils— Resolution No 06-084 -2- line from the most Northerly corner thereof to a point in the Southwesterly line of said Lot, distant 535.8 feet Southeasterly measured along said Southwesterly line from the most Westerly corner thereof, Auditor's Subdivision Number 348, Hennepin County, Minnesota Par 3: Lot 5, Auditor's Subdivision No. 348, Hennepin County, Minnesota Subject to nghts of The Park Central Little League and others, if any, to the use of that portion of the above descnbed premises being used as a grandstand and baseball diamond as shown in deed Dec. 1344270; (as to land in Par 2) Subject to the nght of the State of Minnesota to construct and maintain temporary snow fences upon those portions of said lands adjacent to State Highway No. 7; (as to land in Pars 1, 2 and 3) Torrens Property And Lots 43, 44 and 46, Block 37, including adjacent half of alley vacated and Lots 47 and 48, Block 37, Rearrangement of St. Louis Park. Also The Southwesterly 17 5 feet of Lots 12,13, 14, 15, 16 and 17, and Southwesterly 27.5 feet of Lots 18, 19 and 20, Block 37, Rearrangement of St Louis Park, Together with the Northeasterly half of vacated alley adjoining said Lots and lying between the extension Southwesterly of the Southeasterly line of said Lot 20 and the Westerly extension of the Northerly line of said Lot 12, except such portion as taken by the State of Minnesota for Trunk Highway No. 7, all lying and being in Hennepin County, Minnesota. Abstract Property And Lots 32 through 42 inclusive, Block together with the Westerly one-half Resolution filed in Book 558 of Misc., 110. Hennepin County, Minnesota Abstract Property And Lot 5, Auditor's Subdivision No. 348 Hennepin County, Minnesota And 37, "Rearrangement of St. Louis Park," of the alley in Block 37 vacated by Page 23, and in Book 607 of Misc., Page 0 Resolution No. 06-084 -3- That part of the Southwest half of vacated Hampshire Avenue, platted in "Rearrangement of St. Louis Park" as Central Avenue, which hes Southerly of the Westerly extension of the Northerly line of Lot 3, Auditor's Subdivision No 348 and Northerly of Lot 2, Block 51, "Rearrangement of St Louis Park," and that part of the Northeasterly half of said vacated street which lies Southerly of a line drawn at right angles to the centerline of said vacated street, which line intersects at the Southwest corner of the Northwesterly 25 feet of Lot 3, Auditor's Subdivision No 348, and Northerly of Lot 2, Block 51 "Rearrangement of St. Louis Park." Hennepin County, Minnesota 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 06 -32 -CUP) and the effect of the proposed excavation and filling 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 filling 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 senously depreciate surrounding property values, and the proposed excavation and 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 06 -32 -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 excavation and filling 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 Exhibits incorporated by reference herein 2. Fire lanes shall be indicated on the plan as required by the Fire Marshall. 3. Pnor to starting any site work, the following conditions shall be met. a. Obtain all necessary permits from the City (erosion control permit), Minnehaha Creek Watershed Management Commission, and other agencies Copies of permits from the watershed and other agencies shall be provided to the City. b. Install erosion control measures on any portion of the site disturbed by the project c. Submit a performance guarantee to the City in the form of cash escrow or letter of credit for 125% of the cost of the restoration work. Such letter of credit shall be on a form provided or approved by the City Attorney O Resolution No. 06-084 -4- 4. The developer shall comply with the following conditions dunng construction. a. All City noise ordinances which state that work shall be limited to the hours between 7.00 a.m. and 10.00 p m. on weekdays and 9 00 a m and 10 00 p m on weekends b. The site shall be kept free of dust and debris that could blow onto neighbonng properties c. All state and local dust control and noise regulations. d. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of construction on surrounding properties. 5 The trucks utilized for hauling shall only use Monitor Street, West Lake Street, Louisiana Avenue, and Highway 7 in St. Louis Park for tnps to and from the site 6 Upon completion of excavation and filling, the applicant shall restore all streets, and the disturbed areas on the site according to the plans. 7 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. 8. 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 9 Assent form and official exhibits must be signed by applicant (or applicant and owner if applicant is different from owner) pnor to issuance of a building permit 10. Approval of a Building Permit, which 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 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 onginal Resolution No 06-084 adopted at the St Louis Park City Council meeting held on May 15, 2006. WITNESS my hand and the Seal of the City of St Louis Park this 1st day of March, 2007. Nancy J. S tlY City Clerk