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HomeMy WebLinkAbout06-085 - ADMIN Resolution - City Council - 2006/05/150 RESOLUTION NO. 06-085 A RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-79 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT EXCAVATION AND FILLING OF MORE THAN 400 CUBIC YARDS FOR PROPERTY ZONED C2 GENERAL COMMERCIAL DISTRICT LOCATED AT 7200 AND 7250 HIGHWAY 7 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 relating to zoning to permit excavation and filling of more than 400 cubic yards for property zoned C2 General Commercial distnct located at 7200 and 7250 Highway 7 for the legal description as follows, to -wit: Lots 5 and 6, Block 158, including that part of Rex Avenue, vacated, lying Southwesterly of the center line thereof and between extensions of the South line of said Lot 6 and the North line of said Lot 5; Lots 5 and 6, Block 159, including that part of Rex Avenue vacated, lying Northeasterly of the center line thereof and between extensions of the South line of said Lot 6 and the North line of said Lot 5 and including that part of Hurst Street, vacated lying Southwesterly of the center line thereof and between extensions of the South line of said Lot 6 and the North line of said Lot 5; "Rearrangement of St. Louis Park". Hennepin County, Minnesota. Torrens Property, Torrens Certificate No. 524886. And That part of Lots 2, 3, 4 and 5, Block 163, "Rearrangement of St. Louis Park" lying Northerly of State Highway No. 7, together with that part of the Southeasterly Half of First Street N.W. vacated lying between the North line of said highway and the extension across said street of the Northeasterly line of said Lot 2. Hennepin County, Minnesota. Torrens Property, Torrens Certificate No. 409009. 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 06 -29 -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. Resolution No. 06-085 -2- 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 serious traffic congestion nor hazards, nor will it seriously depreciate surrounding property values, and the proposed excavation and filling 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 -29 -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 of more than 400 cubic yards at the location descnbed 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. The applicant shall submit revised plans indicating fire lanes as required by the Fire Marshall. 3. The applicant shall construct the parking lot to all other City Code standards, including but not limited to providing concrete curbing around the perimeter of the lot and at the ends of the parking bays. 4. 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. 5. 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 debns that could blow onto neighboring properties. c. All state and local dust control and noise regulations. Resolution No. 06-085 -3- d. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of construction on surrounding properties. 6. The ,trucks utilized for hauling shall only use West Lake Street, Louisiana Avenue and Highway 7 in St. Louis Park for trips to and from the site. The applicant shall not construct a temporary construction access onto Louisiana Avenue. 7. Upon completion of excavation and filling, the applicant shall restore all streets, and the disturbed areas on the site according to the plans. 8. The applicant shall construct the parking lot in accordance with the City Code standards, with the exception of the interior landscaping islands waived by vanance. 9. 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. 10. 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. 11. 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. 12. Approval of a Building Permit, which may impose additional re . uirements. The CiClerk is instructed to record certified copies of this resolution in the Office of the He epin County Register of Deeds or Registrar of Titles as the case may be Revie for Administration: 1, City •ager_ Attest: Ado ted by the City Council May 15, 2006 May r