Loading...
HomeMy WebLinkAbout08-102 - ADMIN Resolution - City Council - 2008/08/18RESOLUTION NO. 08-102 A RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-79 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT EXPORT OF MORE THAN 400 CUBIC YARDS OF SOIL FOR PROPERTY ZONED RC -HIGH DENSITY RESIDENTIAL AND POS -PARK AND OPEN SPACE DISTRICT LOCATED AT 6500 AND 6550 EXCELSIOR BOULEVARD BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. Park Nicollet Methodist Hospital 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 exporting more than 400 cubic yards of soil within a RC -High Density Residential District and POS -Park and Open Space District located at 6500 and 6550 Excelsior Boulevard for the legal description as follows, to -wit: The Southeast Quarter of the Northeast Quarter and that part of the North 1/2 of the Southeast Quarter which lies North of the center line of Excelsior Boulevard, Section 20, Township 117, Range 21, excepting therefrom that part which lies East of a line described as follows: Commencing at a point on the East line of said Section 90 feet South of the South line of Calhoun Street; thence West parallel with the South line of Calhoun Street and the same extended to a point 111 feet West of the East line of said section the actual point of beginning of the line to be described; thence South parallel with the East line of Section 20 to the center line of Excelsior Boulevard and except that part lying South and West of Minnehaha Creek Channel which lies Southerly and Westerly of a line drawn from a point in the West line of the Southeast Quarter of the Northeast Quarter distant 425 feet South of the Northwest corner thereof to a point in the South line of said Southeast Quarter of the Northeast Quarter distant 480 feet West of the Southeast corner thereof; thence along said line projected Southeasterly to the intersection with a line drawn 410 feet West of, measured at a right angle to and parallel with the East line of the North 1/2 of the Southeast Quarter; thence South along last said parallel line to the center line of Excelsior Boulevard and there terminating. Torrens property: Certificate of Title No. 569336 Resolution No. 08-102 -2- PARCEL 1: That part of the Northeast Quarter of the Northeast Quarter of Section 20, Township 117, Range 21, Hennepin County, Minnesota, described as follows: Commencing at the Southeast corner of said Northeast Quarter of the Northeast Quarter; thence North to a point 90 feet South of the South line of Calhoun Street; thence West parallel with the South line of Calhoun Street and the same extended, to a point 111 feet West of the East line of Section 20, the actual point of beginning of the land to be described; thence continuing West on said parallel line to the West line of Mound Street, extended; thence North along said line and the west line of Mound Street 202.5 feet; thence West parallel with the extension of the South line of Calhoun Street, 644.9 feet to the Southeasterly line of right of way of the Chicago, Milwaukee and St. Paul Railway Company; thence Southwesterly along said right of way line to the West line of the Northeast Quarter of the Northeast Quarter of said Section; thence South to the Southwest corner of the Northeast Quarter of the Northeast Quarter; thence East along the South line of said Northeast Quarter of Northeast Quarter of said Section to the point of intersection with a line running parallel with the East line of said Section from the actual point of beginning; thence North along said parallel line to the actual point of beginning. PARCEL 2: The Southeast Quarter of the Northeast Quarter, that part of the North one-half of the Southeast Quarter which lies North of the center line of Excelsior Boulevard, Section 20, Township 117, Range 21, Hennepin County, Minnesota, EXCEPTING THEREFROM that part which lies East of a line described as follows: Commencing at a point on the East line of said Section 90 feet South of the South line of Calhoun Street; thence West parallel with the South line of Calhoun Street and the same extended to a point 111 feet West of the East line of said Section the actual point of beginning of the line to be described; thence South parallel with the East line of Section 20 to the center line of Excelsior Boulevard, and EXCEPT that part lying Southerly and Westerly of a line drawn from a point in the West line of the Southeast Quarter of the Northeast Quarter distant 425 feet South of the Northwest corner thereof to a point in the South line of said Southeast Quarter of the Northeast Quarter distant 480 feet West of the Southeast corner thereof; thence along said line projected Southeasterly to the intersection with a line drawn 411 feet West of, measured at a right angle to and parallel with the East line of the North one-half of the Southeast Quarter; thence South along said parallel line to the center line of Excelsior Boulevard and there terminating Torrens property: Certificate of Title No. 569337 • s Resolution No. 08-102 -3- 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 08 -03 -CUP) and the effect of the proposed export of soil 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 export of soil 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 export of soil is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. 4. The contents of Planning Case File 08 -03 -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 the export of more than 400 cubic yards of soil at 6500 and 6550 Excelsior Boulevard 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. Prior to City issuance of erosion control or building permits: a. 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. b. The applicant shall submit a letter of credit to the City for 1.25 times the estimated cost of landscaping improvements. 3. Prior to commencing any land disturbing activities, the applicant shall: a. Secure all required permits from all agencies for the proposed work. Permits include, but are not limited to, erosion control permits, public waters permit, wetland conservation act permits, and building permits (if required) for the boardwalk system prior to commencing any land disturbing activities. b. The City Environmental Coordinator shall review and approve the tree preservation plan and proposed tree, plant materials for stabilizing the creek bank; and confirm compliance with the City tree replacement requirements. Resolution No. 08-102 -4- 4. Construction activities shall be limited to between 7 a.m. and 10 p.m. Monday through Friday, and 9 a.m. and 10 p.m. on Saturdays. 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. 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. Revi - - d for Administration: Ci Attest: City Clerk Adopted by the City Council August 18, 2008 Ma or / CIO ._- Doc No 4551076 12/12/2008 11 00 AM Certified filed and or recorded on above date Office of the Registrar of Titles Hennepin County, Minnesota Michael H Cunniff, Registrar of Titles TranslD 459579 New cert Cert 569337 569336 Deputy 55 Fees $1 50 AF $10 50 STATEFEE $54 00 TDOCFEE $0 00 TSUR $66 00 Total 0. 1 1 RESOLUTION NO. 08-102 voq-n -7 A RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-79 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT EXPORT OF MORE THAN 400 CUBIC YARDS OF SOIL FOR PROPERTY ZONED RC -HIGH DENSITY RESIDENTIAL AND POS -PARK AND OPEN SPACE DISTRICT LOCATED AT 6500 AND 6550 EXCELSIOR BOULEVARD BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. Park Nicollet Methodist Hospital 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 exporting more than 400 cubic yards of soil within a RC -High Density Residential District and POS -Park and Open Space District located at 6500 and 6550 Excelsior Boulevard for the legal description as follows, to -wit: The Southeast Quarter of the Northeast Quarter and that part of the North 1/2 of the Southeast Quarter which lies North of the center line of Excelsior '°Boulevard, Section 20, Township 117, Range 21, excepting therefrom that part which lies East of a line described as follows: Commencing at a point on the East line of said Section 90 feet South of the South line of Calhoun Street; thence West parallel with the South line of Calhoun Street and the same extended to a point 111 feet West of the East line of said section the actual point of beginning of the line to be described; thence South parallel with the East line of Section 20 to the center line of Excelsior Boulevard and except that part lying South and West of Minnehaha Creek Channel which lies Southerly and Westerly of a line drawn from a point in the West line of the Southeast Quarter of the Northeast Quarter distant 425 feet South of the Northwest corner thereof to a point in the South line of said Southeast Quarter of the Northeast Quarter distant 480 feet West of the Southeast corner thereof; thence along said line projected Southeasterly to the intersection with a line drawn 410 feet West of, measured at a right angle to and parallel with the East line of the North 1/2 of the Southeast Quarter; thence South along last said parallel line to the center line of Excelsior Boulevard and there terminating. Torrens property: Certificate of Title No. 569336 ' Resolution No. 08-102 -2- PARCEL 1: That part of the Northeast Quarter of the Northeast Quarter of Section 20, Township 117, Range 21, Hennepin County, Minnesota, described as follows: Commencing at the Southeast corner of, said Northeast Quarter of the Northeast Quarter; thence North to a point 90 feet South of the South line of Calhoun Street; thence West parallel with the South line of Calhoun Street and the same extended, to a point 111 feet West of the East line of Section 20, the actual point of beginning of the land to be described; thence continuing West on said parallel line to the West line of Mound Street, extended; thence North along said line and the west line of Mound Street 202.5 feet; thence West parallel with the extension of the South line of Calhoun Street, 644.9 feet to the Southeasterly line of right of way of the Chicago, Milwaukee and St. Paul Railway Company; thence Southwesterly along said right of way line to the West line of the Northeast Quarter of the Northeast Quarter of said Section; thence South to the Southwest corner of the Northeast Quarter of the Northeast Quarter; thence East along the South line of said Northeast Quarter of Northeast Quarter of said Section to the point of intersection with a line running parallel with the East line of said Section from the actual point of beginning; thence North along said parallel line to the actual point of beginning. PARCEL 2: The Southeast Quarter of the Northeast Quarter, that part of the North one-half of the Southeast Quarter which lies North of the center line of Excelsior Boulevard, Section 20, Township 117, Range 21, Hennepin County, Minnesota, EXCEPTING THEREFROM that part which lies East of a line described as follows: Commencing at a point on the East line of said Section 90 feet South of the South line of Calhoun Street; thence West parallel with the South line of Calhoun Street and the same extended to a point 111 feet West of the East line of said Section the actual point of beginning of the line to be described; thence South parallel with the East line of Section 20 to the center line of Excelsior Boulevard, and EXCEPT that part lying Southerly and Westerly of a line drawn from a point in the West line of the Southeast Quarter of the Northeast Quarter distant 425 feet South of the Northwest corner thereof to a point in the South line of said Southeast Quarter of the Northeast Quarter distant 480 feet West of the Southeast corner thereof; thence along said line projected Southeasterly to the intersection with a line drawn 411 feet West of, measured at a right angle to and parallel with the East line of the North one-half of the Southeast Quarter; thence South along said parallel line to the center line of Excelsior Boulevard and there terminating Torrens property: Certificate of Title No. 569337 • • Resolution No. 08-102 -3- 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 08 -03 -CUP) and the effect of the proposed export of soil 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 export of soil 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 export of soil is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. 4. The contents of Planning Case File 08 -03 -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 the export of more than 400 cubic yards of soil at 6500 and 6550 Excelsior Boulevard 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. Prior to City issuance of erosion control or building permits: a. 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. b. The applicant shall submit a letter of credit to the City for 1.25 times the estimated cost of landscaping improvements. 3. Prior to commencing any land disturbing activities, the applicant shall: a. Secure all required permits from all agencies for the proposed work. Permits include, but are not limited to, erosion control permits, public waters permit, wetland conservation act permits, and building permits (if required) for the boardwalk system prior to commencing any land disturbing activities. b. The City Environmental Coordinator shall review and approve the tree preservation plan and proposed tree, plant materials for stabilizing the creek bank; and confirm compliance with the City tree replacement requirements. ' Resolution No. 08-102 -4- 0 4. Construction activities shall be limited to between 7 a.m. and 10 p.m. Monday through Friday, and 9 a.m. and 10 p.m. on Saturdays. 0 0 In addition to any other remedies, the developer or owner shall pay an administrative fee of $750 per violation of any condition of this approval. Under the Zoning Ordinance Code, this permit shall be revoked and cancelled if the building or structure for which the conditional use permit is granted is removed. Approval of a Building Permit, which may impose additional requirements. The City Clerk is instructed to record certified copies of this resolution in the Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be. STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF ST. LOUIS PARK ) ) ) ss The undersigned, being the duly qualified City Clerk of the City of St. Louis Park, Minnesota, certifies that the foregoing resolution is a full, true and correct copy of the original Resolution No. 08-102 adopted at the St. Louis Park City Council meeting held on August 19, 2008. WITNESS my hand and the Seal of the City of St. Louis Park this 5th day of December, 2008. Nancy J.($ltroti , City Clerk