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HomeMy WebLinkAbout07-090 - ADMIN Resolution - City Council - 2007/09/04RESOLUTION NO. 07-090 0 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 O — OFFICE AND IP — INDUSTRIAL PARK LOCATED AT 1551 AND 1621 PARK PLACE BOULEVARD, 1550 AND 1600 UTICA AVENUE SOUTH, AND 5201 AND 5245 WAYZATA BOULEVARD • BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. Duke Realty L.P. applied 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 grading, filling and excavation of more than 400 cubic yards for property zoned 0 — Office and IP — Industnal Park district located at 1551 and 1621 Park Place Boulevard, 1550 and 1600 Utica Avenue South, and 5201 and 5245 Wayzata Boulevard, legally described as: SEE EXHIBIT A 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 07 -31 -CUP) and the effect of the proposed grading, filling and 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 and filling 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 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 07 -31 -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 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 Official Exhibits incorporated by reference herein. 2. Approval of the Conditional Use Permit does not constitute approval of any site or III building plans for the property. Site and building plans will be finalized through application and approval of a Planned Unit Development (PUD) at a future date. 3. Detailed construction plans for public street and public utility improvements must be approved by the City Engineer prior to any construction. Resolution No. 07-090 -2- 4. Pnor to starting any site work or land disturbing activities, the following conditions shall be met: A. The applicant shall acquire Preliminary Plat approval from the City of St. Louis Park. B. The site shall be developed, used and maintained in accordance with Exhibits incorporated by reference herein. An assent form and official exhibits must be signed by applicant prior to any site work or land disturbing activities. C. A planning development contract will be required to address and secure financial guarantees for public street, sidewalk and utility improvements, as well as grading and site vegetation. The contract must be executed pnor to commencing any site work or land disturbing activities. D. All necessary permits from the city and other agencies must be obtained by the developer. All engineering requirements must be met. E. A preconstruction meeting must be held by the Developer with the City to ensure all applicable requirements are met. F. A Tree Removal Permit must be acquired by the developer. Tree replacement fees must be paid to an escrow account, a portion of which may be replaced by a letter of credit when the landscape plan is approved. 5. The developer shall comply with the following conditions during construction: A. Construction activity 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. Concrete crushing of the building matenals is allowed on site. The hours of operation for crushing operations shall be limited to 7:00 a.m. to 7:00 p.m. C. The site shall be kept free of dust and debris that could blow onto neighboring properties. D The developer must comply with all state and local dust control and noise regulations. The Developer shall monitor dust and noise levels at the perimeter of the site, and report the results to the City of St. Louis Park Inspections Department. E. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of construction on surrounding properties. 6. The developer shall carry out soil correction for future redevelopment in accordance with the requirements of the Building Official. 7. Hauling shall use the following routes only: Interstate 394 to Park Place Boulevard to the site; and the reverse route. The developer is responsible for cleaning the public streets when spillage occurs. 8. The developer shall install chain link fencing, at least six feet tall, to secure access to the site. . 9. Upon completion of excavation and filling, the applicant shall restore all streets and disturbed areas on the site shall be re -vegetated with a City -approved ground cover. 10. Under the Zoning Ordinance, the Conditional Use Permit shall be revoked and cancelled if the conditions of approval are not met. 11. This permit shall only be valid for one year from the date of approval. 12. All site work shall meet the Fire Marshal's requirements for safety, access and fire hydrants. Resolution No. 07-090 -3- 13. The applicant shall reimburse City attorney's fees in drafting/reviewing such documents as required in the plat approval. 14. 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. City Clerk is instructed to record certified copies of this resolution in the Office of the n County Register of Deeds or Registrar of Titles as the case may be. eviewed or Administration. City Attest: City Clerk �� Adopted by the City Council September 4, 2007 Mayor Xze4 Resolution No. 07-090 -4- EXHIBIT A Parcel 1: Tracts B and C, Registered Land Survey No. 864, Hennepin County, Minnesota, EXCEPT that portion taken by the State of Minnesota pursuant to Partial Final Certificate recorded October 27, 1993 as Document No. 2436330. (Torrens Property -Certificate of Title No. 1012677) Parcel 2: Tract B, Registered Land Survey No. 1624, Hennepin County, Minnesota, EXCEPT that portion taken by the State of Minnesota pursuant to Partial Final Certificate recorded July 21, 1993 as Document No. 2401510. Together with a perpetual easement as shown in Deed Document No. 1100087, Hennepin County, Minnesota. (Torrens Property -Certificate of Title No. 1012687) Parcel 3 (COMPLETELY WITHIN AN EXCEPTION): Tract D, Registered Land Survey No. 864, Hennepin County, Minnesota. (Torrens Property -Certificate of Title No. 1012679) Parcel 4: Tract 1: That part of the Northwest Quarter of the Southwest Quarter of Section 30, Township 29, Range 24 lying West of the East 20.87 acres thereof hereinafter called "the above described property" and lying South of the following described line: Commencing at the Southeast corner of the above described property; thence North along the East line of said above described property 705.21 feet to the point of beginning of the line to be described; thence at a right angle West to the West line of said Section 30 and there terminating, except the West 40 feet thereof and except that part thereof lying Westerly of a line run parallel with and distant 35 feet Easterly of the following described line: Line 1: Beginning at a point on the North and South Quarter line of Section 4, Township 117 North, Range 21 West distant 1897.81 feet North of the South Quarter corner thereof, thence run Southeasterly at an angle of 46 degrees 33 minutes 56 seconds from said North and South Quarter line (measured from South to East) for 45.52 feet; thence deflect to the right on a tangential curve having a radius of 381.97 feet and a delta angle of 46 degrees 11 minutes 18 seconds for 307.92 feet; thence on tangent to said curve for 28.89 feet and there terminating. Tract 2: The South 76.46 feet of the following described property to wit: That part of the Northwest Quarter of the Southwest Quarter lying West of the East 20.87 acres thereof except the West 40 feet of said tract in Section 30, Township 29, Range 24 hereinafter called the "above-descnbed property" lying North of the following described line: Commencing at the Southeast corner of the above-described property; thence North along the East line of the above-described property 705.21 feet to the point of beginning of the line to be descnbed; thence at a right angle West to the West line of the above-descnbed property and there terminating. (Torrens Property as to Tracts 1 and 2 -Certificate of Title No. 1012676) Tract 3: That part of the Southwest 1/4 of the Southwest 1/4 of Section 30, Township 29 North, Range 24, West of the 4th Principal Meridian, lying north of a line drawn parallel with and 200 feet south, measured at right angles, from the north line of said Southwest 1/4 of the Southwest 1/4, and lying west of the southerly extension of the west line of the east 20.87 acres of the • • Resolution No. 07-090 -5- Northwest 1/4 of the Southwest 1/4 of said section, except the west 40 feet thereof, all lying in Hennepin County, Minnesota. (Abstract Property as to Tract 3) Parcel 9: Tract B, Registered Land Survey No. 1481, Hennepin County, Minnesota. Together with a perpetual easement as shown in Deed Document No. 1100087, Hennepin County, Minnesota. (Torrens Property -Certificate of Title No. 1012689) Parcel 10: Tract A, Registered Land Survey No. 1481, Hennepin County, Minnesota. Together with a perpetual easement as shown in Deed Document No. 1100087, Hennepin County, Minnesota. (Torrens Property -Certificate of Title No. 1012690) Parcel 11 Tract B and that part of Tract C, lying North of a hne drawn perpendicular to the East line of said Tract C from a point on said East line distant 49.00 feet North of the Southeast corner of said Tract C, Registered Land Survey No. 1599, Hennepin County, Minnesota EXCEPT that portion taken by the State of Minnesota pursuant to Partial Final Certificate recorded July 21, 1993 as Document No. 2401510. (Torrens Property -Certificate of Title No. 1012735) lb Parcel 12 (COMPLETELY WITHIN AN EXCEPTION): Tract D, Registered Land Survey No. 1647, Hennepin County, Minnesota. EXCEPT that portion taken by the State of Minnesota pursuant to Partial Final Certificate recorded July 21, 1993 as Document No. 2401510. Together with a perpetual easement as shown in Deed Document No. 1100087, Hennepin County, Minnesota. (Torrens Property -Certificate of Title No. 1012691) Parcel 13: Tract A, Registered Land Survey No. 1599, Hennepin County, Minnesota (Torrens Property -Certificate of Title No. 687548) Parcel 14: That part of the South Half of the Southwest Quarter of Section 30, Township 29, Range 24 described as beginning at the Southwest corner of said South Half of the Southwest Quarter; thence North along the West line of said South Half of the Southwest Quarter to a point 258.6 feet South from the Southwest corner of the North 200 feet of said South Half of the Southwest Quarter; thence East at a right angle, 315 feet to the actual point of beginning; thence North at a right angle, 243 feet, more or less, to an intersection with the South line of the North 200 feet of said South Half of the Southwest Quarter; thence East along said South line to its intersection with the extension South of the West line of Registered Land Survey No. 864; thence South along said extension to a point distance 424.97 feet South from the Southwest corner of said Registered Land Survey No. 864; thence West to the point of beginning. Resolution No. 07-090 -6- Parcel 15: That part of the Southwest Quarter of the Southwest Quarter of Section 30, Township 29, Range 24 described as beginning at the intersection of the West line of said Section 30 with the South line of the North 200 feet of said Southwest Quarter of the Southwest Quarter; thence South along said West line to the North line of Registered Land Survey No. 1481; thence Easterly along said North line 315 feet; thence Northerly at right angles to said South line of the North 200 feet; thence Westerly along said South line to the point of beginning. • • • ID lir Doc No 9075258 12/13/2007 10 29 AM Certified filed and or recorded on above date/ Office of the County Recorder y` Hennepin County, Minnesota rivr Michael H Cunniff, County Recorder TranslD 36903 Deputy 14 Fees $35 50 DOC $10 50 SUR $46 00 Total TRANSFER ENTERED HENNEPIN COUNTY TAXPAYER SERVICES DEC 13 2007 HENNEPIN COUNTY, MN BY « w_DEPUTY RESOLUTION NO. 07-090 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 O — OFFICE AND IP — INDUSTRIAL PARK LOCATED AT 1551 AND 1621 PARK PLACE BOULEVARD, 1550 AND 1600 UTICA AVENUE SOUTH, AND 5201 AND 5245 WAYZATA BOULEVARD BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. Duke Realty L.P. applied 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 grading, filling and excavation of more than 400 cubic yards for property zoned 0 — Office and IP — Industrial Park district located at 1551 and 1621 Park Place Boulevard, 1550 and 1600 Utica Avenue South, and 5201 and 5245 Wayzata Boulevard, legally described as: SEE EXHIBIT A 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 07 -31 -CUP) and the effect of the proposed grading, filling and 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 and filling 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 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 07 -31 -CUP are hereby entered into and made part of the public hearing record and the record of decision for this case. Resolution No. 07-090 -2- Conclusion The Conditional Use Permit to permit excavation and filling of more than 400 cubic yards 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 Official Exhibits incorporated by reference herein. 2. Approval of the Conditional Use Permit does not constitute approval of any site or building plans for the property. Site and building plans will be finalized through application and approval of a Planned Unit Development (PUD) at a future date. 3. Detailed construction plans for public street and public utility improvements must be approved by the City Engineer prior to any construction. 4. Prior to starting any site work or land disturbing activities, the following conditions shall be met: A. The applicant shall acquire Preliminary Plat approval from the City of St. Louis Park. B. The site shall be developed, used and maintained in accordance with Exhibits incorporated by reference herein. An assent form and official exhibits must be signed by applicant prior to any site work or land disturbing activities. C. A planning development contract will be required to address and secure financial guarantees for public street, sidewalk and utility improvements, as well as grading and site vegetation. The contract must be executed prior to commencing any site work or land disturbing activities. D. All necessary permits from the city and other agencies must be obtained by the developer. All engineering requirements must be met. E. A preconstruction meeting must be held by the Developer with the City to ensure all applicable requirements are met. F. A Tree Removal Permit must be acquired by the developer. Tree replacement fees must be paid to an escrow account, a portion of which may be replaced by a letter of credit when the landscape plan is approved. 5. The developer shall comply with the following conditions during construction: A. Construction activity 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. Concrete crushing of the building materials is allowed on site. The hours of operation for crushing operations shall be limited to 7:00 a.m. to 7:00 p.m. C. The site shall be kept free of dust and debris that could blow onto neighboring properties. D. The developer must comply with all state and local dust control and noise regulations. The Developer shall monitor dust and noise levels at the perimeter of the site, and report the results to the City of St. Louis Park Inspections Department. E. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of construction on surrounding properties. 6. The developer shall carry out soil correction for future redevelopment in accordance with the requirements of the Building Official. Resolution No. 07-090 -3- 7. Hauling shall use the following routes only: Interstate 394 to Park Place Boulevard to the ID site; and the reverse route. The developer is responsible for cleaning the public streets when spillage occurs. 8. The developer shall install chain link fencing, at least six feet tall, to secure access to the site. • 9. Upon completion of excavation and filling, the applicant shall restore all streets and disturbed areas on the site shall be re -vegetated with a City -approved ground cover. 10. Under the Zoning Ordinance, the Conditional Use Permit shall be revoked and cancelled if the conditions of approval are not met. 11. This permit shall only be valid for one year from the date of approval. 12. All site work shall meet the Fire Marshal's requirements for safety, access and fire hydrants. 13. The applicant shall reimburse City attorney's fees in drafting/reviewing such documents as required in the plat approval. 14. 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. 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. 07-090 adopted at the St. Louis Park City Cou •4 eting held on September 4, 2007. WITNESS my hand and the Seal of the City of St. • i is 'ark this Ot l da of November, 2007. r. 7ar ronold puty City Clerk Resolution No. 07-090 -4- EXHIBIT A Parcel 1: Tracts B and C, Registered Land Survey No. 864, Hennepin County, Minnesota, EXCEPT that portion taken by the State of Minnesota pursuant to Partial Final Certificate recorded October 27, 1993 as Document No. 2436330. (Torrens Property -Certificate of Title No. 1012677) Parcel 2: Tract B, Registered Land Survey No. 1624, Hennepin County, Minnesota, EXCEPT that portion taken by the State of Minnesota pursuant to Partial Final Certificate recorded July 21, 1993 as Document No. 2401510. Together with a perpetual easement as shown in Deed Document No. 1100087, Hennepin County, Minnesota. (Torrens Property -Certificate of Title No. 1012687) Parcel 3 (COMPLETELY WITHIN AN EXCEPTION): Tract D, Registered Land Survey No. 864, Hennepin County, Minnesota. (Torrens Property -Certificate of Title No. 1012679) Parcel 4: Tract 1: That part of the Northwest Quarter of the Southwest Quarter of Section 30, Township 29, Range 24 lying West of the East 20.87 acres thereof hereinafter called "the above described property" and lying South of the following described line: Commencing at the Southeast corner of the above described property; thence North along the East line of said above described ® property 705.21 feet to the point of beginning of the line to be described; thence at a right angle West to the West line of said Section 30 and there terminating, except the West 40 feet thereof and except that part thereof lying Westerly of a line run parallel with and distant 35 feet Easterly of the following described line: Line 1: Beginning at a point on the North and South Quarter line of Section 4, Township 117 North, Range 21 West distant 1897.81 feet North of the South Quarter corner thereof, thence run Southeasterly at an angle of 46 degrees 33 minutes 56 seconds from said North and South Quarter line (measured from South to East) for 45.52 feet; thence deflect to the right on a tangential curve having a radius of 381.97 feet and a delta angle of 46 degrees 11 minutes 18 seconds for 307.92 feet; thence on tangent to said curve for 28.89 feet and there terminating. Tract 2: The South 76.46 feet of the following described property to wit: That part of the Northwest Quarter of the Southwest Quarter lying West of the East 20.87 acres thereof except the West 40 feet of said tract in Section 30, Township 29, Range 24 hereinafter called the "above-described property" lying North of the following described line: Commencing at the Southeast corner of the above-described property; thence North along the East line of the above-described property 705.21 feet to the point of beginning of the line to be described; thence at a right angle West to the West line of the above-described property and there terminating. (Torrens Property as to Tracts 1 and 2 -Certificate of Title No. 1012676) Tract 3: That part of the Southwest 1/4 of the Southwest 1/4 of Section 30, Township 29 North, Range 24, West of the 4th Principal Meridian, lying north of a line drawn parallel with and 200 ® feet south, measured at right angles, from the north line of said Southwest 1/4 of the Southwest 1/4, and lying west of the southerly extension of the west line of the east 20.87 acres of the Northwest 1/4 of the Southwest 1/4 of said section, except the west 40 feet thereof, all lying in Hennepin County, Minnesota. (Abstract Property as to Tract 3) O Resolution No. 07-090 -5- Parcel 9: Tract B, Registered Land Survey No. 1481, Hennepin County, Minnesota. Together with a perpetual easement as shown in Deed Document No. 1100087, Hennepin County, Minnesota. (Torrens Property -Certificate of Title No. 1012689) Parcel 10: Tract A, Registered Land Survey No. 1481, Hennepin County, Minnesota. Together with a perpetual easement as shown in Deed Document No. 1100087, Hennepin County, Minnesota. (Torrens Property -Certificate of Title No. 1012690) Parcel 11: Tract B and that part of Tract C, lying North of a line drawn perpendicular to the East line of said Tract C from a point on said East line distant 49.00 feet North of the Southeast corner of said Tract C, Registered Land Survey No. 1599, Hennepin County, Minnesota. EXCEPT that portion taken by the State of Minnesota pursuant to Partial Final Certificate recorded July 21, 1993 as Document No. 2401510. (Torrens Property -Certificate of Title No. 1012735) Parcel 12 (COMPLETELY WITHIN AN EXCEPTION): Tract D, Registered Land Survey No. 1647, Hennepin County, Minnesota. EXCEPT that portion taken by the State of Minnesota pursuant to Partial Final Certificate recorded July 21, 1993 as Document No. 2401510. Together with a perpetual easement as shown in Deed Document No. 1100087, Hennepin County, Minnesota. (Torrens Property -Certificate of Title No. 1012691) Parcel 13: Tract A, Registered Land Survey No. 1599, Hennepin County, Minnesota. (Torrens Property -Certificate of Title No. 687548) Parcel 14: That part of the South Half of the Southwest Quarter of Section 30, Township 29, Range 24 described as beginning at the Southwest corner of said South Half of the Southwest Quarter; thence North along the West line of said South Half of the Southwest Quarter to a point 258.6 feet South from the Southwest corner of the North 200 feet of said South Half of the Southwest Quarter; thence East at a right angle, 315 feet to the actual point of beginning; thence North at a right angle, 243 feet, more or less, to an intersection with the South line of the North 200 feet of said South Half of the Southwest Quarter; thence East along said South line to its intersection with the extension South of the West line of Registered Land Survey No. 864; thence South along said extension to a point distance 424.97 feet South from the Southwest corner of said Registered Land Survey No. 864; thence West to the point of beginning. Parcel 15: That part of the Southwest Quarter of the Southwest Quarter of Section 30, Township 29, Range 24 described as beginning at the intersection of the West line of said Section 30 with the South line of the North 200 feet of said Southwest Quarter of the Southwest Quarter; thence South along said West line to the North line of Registered Land Survey No. 1481; thence Easterly along said North line 315 feet; thence Northerly at right angles to said South line of the North 200 feet; thence Westerly along said South line to the point of beginning. II-4DypIIHIIYIII�I�IIIIIIIIIII Doc No 4454653 12/14/2007 04 30 PM Certified filed and or recorded on above date Office of the Registrar of Titles Hennepin County, Minnesota Michael H Cunniff, Registrar of Titles TranslD 362526 New cert Cert 1012677 1012687 1012679 Deputy 55 Fees $1 50 AF $10 50 STATEFEE $74 00 TDOCFEE $0 00 TSUR $86 00 Total TRANSFER ENTERED HENNEPIN COUNTY TAXPAYER SERVICES DEC 17 2007 BY DEPUTY RESOLUTION NO. 07-090 IOlab-77 oiacQ79 �87 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 O — OFFICE AND IP — INDUSTRIAL PARK LOCATED AT 1551 AND 1621 PARK PLACE BOULEVARD, 1550 AND 1600 UTICA AVENUE SOUTH, AND 5201 AND 5245 WAYZATA BOULEVARD BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. Duke Realty L.P. applied 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 grading, filling and excavation of more than 400 cubic yards for property zoned 0 — Office and IP — Industrial Park district located at 1551 and 1621 Park Place Boulevard, 1550 and 1600 Utica Avenue South, and 5201 and 5245 Wayzata Boulevard, legally described as: SEE EXHIBIT A 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 07 -31 -CUP) and the effect of the proposed grading, filling and 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 and filling 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 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 07 -31 -CUP are hereby entered into and made part of the public hearing record and the record of decision for this case. Resolution No. 07-090 -2- Conclusion The Conditional Use Permit to permit excavation and filling of more than 400 cubic yards 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 Official Exhibits incorporated'by reference herein. 2. Approval of the Conditional Use Permit does not constitute approval of any site or building plans for the property. Site and building plans will be finalized through application and approval of a Planned Unit Development (PUD) at a future date. 3. Detailed construction plans for public street and public utility improvements must be approved by the City Engineer prior to any construction. 4. Prior to starting any site work or land disturbing activities, the following conditions shall be met: A. The applicant shall acquire Preliminary Plat approval from the City of St. Louis Park. B. The site shall be developed, used and maintained in accordance with Exhibits incorporated by reference herein. An assent form and official exhibits must be signed by applicant prior to any site work or land disturbing activities. C. A planning development contract will be required to address and secure financial guarantees for public street, sidewalk and utility improvements, as well as grading and site vegetation. The contract must be executed prior to commencing any site work or land disturbing activities. D. All necessary permits from the city and other agencies must be obtained by the developer. All engineering requirements must be met. E. A preconstruction meeting must be held by the Developer with the City to ensure all applicable requirements are met. F. A Tree Removal Permit must be acquired by the developer. Tree replacement fees must be paid to an escrow account, a portion of which may be replaced by a letter of credit when the landscape plan is approved. 5. _ Thedeveloper shall comply with the following conditions during construction: A. Construction activity 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. Concrete crushing of the building materials is allowed on site. The hours of operation for crushing operations shall be limited to 7:00 a.m. to 7:00 p.m. C. The site shall be kept free of dust and debris that could blow onto neighboring properties. D. The developer must comply with all state and local dust control and noise regulations. The Developer shall monitor dust and noise levels at the perimeter of the site, and report the results to the City of St. Louis Park Inspections Department. E. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of construction on surrounding properties. 6. The developer shall carry out soil correction for future redevelopment in accordance with the requirements of the Building Official. resolution No. 07-090 -3- 7. Hauling shall use the following routes only: Interstate 394 to Park Place Boulevard to the ID site; and the reverse route. The developer is responsible for cleaning the public streets when spillage occurs. 8. The developer shall install chain link -fencing, at least six feet tall, to secure access to the site. . 9. Upon completion of excavation and filling, the applicant shall restore all streets and disturbed areas on the site shall be re -vegetated with a City -approved ground cover. 10. Under the Zoning Ordinance, the Conditional Use Permit shall be revoked and cancelled if the conditions of approval are not met. 11. This permit shall only be valid for one year from the date of approval. 12. All site work shall meet the Fire Marshal's requirements for safety, access and fire hydrants. 13. The applicant shall reimburse City attorney's fees in drafting/reviewing such documents as required in the plat approval. 14. 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. 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. 4I° 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. 07-090 adopted at the St. Louis Park City Co Gil -meeting held on September 4, 2007. WITNESS my hand and the Seal of the City of St. L • P. k thi. Oth d of November, 2007. eputy City Clerk O 4esoiution No. 07-090 -4- EXHIBIT A Parcel 1: Tracts B and C, Registered Land Survey No. 864, Hennepin County, Minnesota, EXCEPT that portion taken by the State of Minnesota pursuant to Partial Final Certificate recorded October 27, 1993 as Document No. 2436330. (Torrens Property -Certificate of Title No. 1012677) Parcel 2: Tract B, Registered Land Survey No. 1624, Hennepin County, Minnesota, EXCEPT that portion taken by the State of Minnesota pursuant to Partial Final Certificate recorded July 21, 1993 as Document No. 2401510. Together with a perpetual easement as shown in Deed Document No. 1100087, Hennepin County, Minnesota. (Torrens Property -Certificate of Title No. 1012687) Parcel 3 (COMPLETELY WITHIN AN EXCEPTION): Tract D, Registered Land Survey No. 864, Hennepin County, Minnesota. (Torrens Property -Certificate of Title No. 1012679) Parcel 4: Tract 1: That part of the Northwest Quarter of the Southwest Quarter of Section 30, Township 29, Range 24 lying West of the East 20.87 acres thereof hereinafter called "the above described property" and lying South of the following described line: Commencing at the Southeast corner of the above described property; thence North along the East line of said above described property 705.21 feet to the point of beginning of the line to be described; thence at a right angle West to the West line of said Section 30 and there terminating, except the West 40 feet thereof and except that part thereof lying Westerly of a line run parallel with and distant 35 feet Easterly of the following described line: Line 1: Beginning at a point on the North and South Quarter line of Section 4, Township 117 North, Range 21 West distant 1897.81 feet North of the South Quarter corner thereof, thence run Southeasterly at an angle of 46 degrees 33 minutes 56 seconds from said North and South Quarter line (measured from South to East) for 45.52 feet; thence deflect to the right on a tangential curve having a radius of 381.97 feet and a delta angle of 46 degrees 11 minutes 18 i seconds for 307.92 feet; thence on tangent to said curve for 28.89 feet and there terminating. Tract 2: The South 76.46 feet of the following described property to wit: That part of the Northwest Quarter of the Southwest Quarter lying West of the East 20.87 acres thereof except the West 40 feet of said tract in Section 30, Township 29, Range 24 hereinafter called the "above-described property" lying North of the following described line: Commencing at the Southeast corner of the above-described property; thence North along the East line of the above-described property 705.21 feet to the point of beginning of the line to be described; thence at a right angle West to the West line of the above-described property and there terminating. (Torrens Property as to Tracts 1 and 2 -Certificate of Title No. 1012676) Tract 3: That part of the Southwest 1/4 of the Southwest 1/4 of Section 30, Township 29 North, Range 24, West of the 4th Principal Meridian, lying north of a line drawn parallel with and 200 feet south, measured at right angles, from the north line of said Southwest 1/4 of the Southwest 1/4, and lying west of the southerly extension of the west line of the east 20.87 acres of the Northwest 1/4 of the Southwest 1/4 of said section, except the west 40 feet thereof, all lying in Hennepin County, Minnesota. (Abstract Property as to Tract 3) Resolution No. 07-090 -5- Parcel 9: Tract B, Registered Land Survey No. 1481, Hennepin County, Minnesota. Together with a perpetual easement as shown in Deed Document No. 1100087, Hennepin County, Minnesota. (Torrens Property -Certificate of Title No. 1012689) Parcel 10: Tract A, Registered. Land Survey No. 1481, Hennepin County, Minnesota., Together with a perpetual easement as shown in Deed Document No. 1100087, Hennepin County, Minnesota. (Torrens Property -Certificate of Title No. 1012690) Parcel 11: Tract B and that part of Tract C, lying North of a line drawn perpendicular to the East line of said Tract C from a point on said East line distant 49.00 feet North of the Southeast comer of said Tract C, Registered Land Survey No. 1599, Hennepin County, Minnesota. EXCEPT that portion taken by the State of Minnesota pursuant to Partial Final Certificate recorded July 21, 1993 as Document No. 2401510. (Torrens Property -Certificate of Title No. 1012735) Parcel 12 (COMPLETELY WITHIN AN EXCEPTION): Tract D, Registered Land Survey No. 1647, Hennepin County, Minnesota. EXCEPT that portion taken by the State of Minnesota pursuant to Partial Final Certificate recorded July 21, 1993 as Document No. 2401510. Together with a perpetual easement as shown in Deed Document No. ,1100087, Hennepin County, Minnesota. (Torrens Property -Certificate of Title No. 1012691) Parcel 13: Tract A, Registered Land Survey No. 1599, Hennepin County, Minnesota. (Torrens Property -Certificate of Title No. 687548) Parcel 14: That part of the South Half of the Southwest Quarter of Section 30, Township 29, Range 24 described as beginning at the Southwest corner of said South Half of the Southwest Quarter; thence North along the West line of said South Half of the Southwest Quarter to a point 258.6 feet South from the Southwest corner of the North 200 feet of said South Half of the Southwest Quarter; thence East at a right angle, 315 feet to the actual point of beginning; thence North at a right angle, 243 feet, more or less, to an intersection with the South line of the North 200 feet of said South Half of the Southwest Quarter; thence East along said South line to its intersection with the extension South of the West line of Registered Land Survey No. 864; thence South along said extension to a point distance 424.97 feet South from the Southwest corner of said Registered Land Survey No. 864; thence West to the point of beginning. Parcel 15: That part of the Southwest Quarter of the Southwest Quarter of Section 30, Township 29, Range 24 described as beginning at the intersection of the West line of said Section 30 with the South line of the North 200 feet of said Southwest Quarter of the Southwest Quarter; thence South along said West line to the North line of Registered Land Survey No. 1481; thence Easterly along said North line 315 feet; thence Northerly at right angles to said South line of the North 200 feet; thence Westerly along said South line to the point of beginning.