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HomeMy WebLinkAbout09-035 - ADMIN Resolution - City Council - 2009/02/17RESOLUTION NO. 09-035 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-79 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO IMPORT GREATER THAN 400 CUBIC YARDS OF FILL FOR PROPERTY ZONED C-2 LOCATED AT 3555 STATE HIGHWAY 100 SOUTH BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. PBK Investments 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 importing greater than 400 cubic yards of fill within a C-2 District located at 3555 State Highway 100 South for the legal description as follows, to -wit: Beltline Industrial Park, Block 3, Lots 1 and 4 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 08 -46 -CUP) and the effect of the proposed importing of fill 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 importing of fill 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 importing of 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 08 -46 -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 importing greater than 400 cubic yards of fill 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 the Exhibits incorporated by reference herein. 2. Prior to starting any site work, the following conditions shall be met: a. A pre -excavation conference shall be held with the appropriate development, construction and city representatives. b. All necessary erosion control measures shall be installed. c. All necessary permits must be obtained. Resolution No. 09-035 -2- 3. Modifications to the site's topography result in the new rooftop mechanical units being highly visible from 36th Street West. To meet the requirements of the Zoning Ordinance, those units must be fully screened from public view using the measures outlined in City Code Section 36 -366 -b -4-a-1 or 36 -366 -b -4-a-2. A screening plan must be submitted prior to the issuance of any erosion control permit. 4. The applicant shall comply with the following conditions during excavation: a. All City noise ordinances shall be complied with, including that there be no construction activity between the hours of 10 p.m. and 7 a.m. on weekdays and 10:00 p.m. and 9:00 a.m. on weekends. b. Loud equipment shall be kept as far as possible from residences at all times. c. The site shall be kept free of dust and debris that could blow onto neighboring properties. d. Public streets shall be monitored daily and must be maintained free of dirt and debris at all times. Public streets shall be cleaned as often as is determined necessary by the Director of Public Works during the fill process. e. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of excavation on surrounding properties. 5. The applicant shall use the following haul route: a. Haul vehicles may travel on 36th Street West and Wooddale Avenue South. b. Vehicles hauling excavation materials are prohibited from traveling on residential streets. 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. 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. Approval of a Building Permit, which may impose additional requirements. The . He Ine.' Revie e ty 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. for ' dministration: City Attest: I 9--„)26669.1‘z)_ City Clerk Adop d by the Cityyuncil February 17, 2009 Mayor ' o o Doc No A93321,98 e Certified filed and/,or recorded on 3/16/09 1 42 PM Office of the County Recorder Hennepin County, Minnesota Michael H Cunniff, County Recorder Jill L Alverson, County Auditor and Treasurer Deputy 65 Doc Name: Resolution Document Recording Fee Pkg ID 519336 $46 00 Document Total $46 00 This cover sheet is now a permanent part of the recorded document RESOLUTION NO. 09-035 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-79 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO IMPORT GREATER THAN 400 CUBIC YARDS OF FILL FOR PROPERTY ZONED C-2 LOCATED AT 3555 STATE HIGHWAY 100 SOUTH BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. PBK Investments 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 importing greater than 400 cubic yards of fill within a C-2 District located at 3555 State Highway 100 South for the legal description as follows, to -wit: Beltline Industrial Park, Block 3, Lots 1 and 4 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 08 -46 -CUP) and the effect of the proposed importing of fill 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 importing of fill 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 importing of 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 08 -46 -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 importing greater than 400 cubic yards of fill at the location described is granted based on the findings set forth above and subject to the following conditions: Resolution No. 09-035 -2- 1. The site shall be developed, used and maintained in accordance with the Exhibits ® incorporated by reference herein. • 2. Prior to starting any site work, the following conditions shall be met: a. A pre -excavation conference shall be held with the appropriate development, construction and city representatives. b. All necessary erosion control measures shall be installed. c. All necessary permits must be obtained. 3. Modifications to the site's topography result in the new rooftop mechanical units being highly visible from 36th Street West. To meet the requirements of the Zoning Ordinance, those units must be fully screened from public view using the measures outlined in City Code Section 36 -366 -b -4-a-1 or 36 -366 -b -4-a-2. A screening plan must be submitted prior to the issuance of any erosion control permit. 4. The applicant shall comply with the following conditions during excavation: a. All City noise ordinances shall be complied with, including that there be no construction activity between the hours of 10 p.m. and 7 a.m. on weekdays and 10:00 p.m. and 9:00 a.m. on weekends. b. Loud equipment shall be kept as far as possible from residences at all times. c. The site shall be kept free of dust and debris that could blow onto neighboring properties. d. Public streets shall be monitored daily and must be maintained free of dirt and debris at all times. Public streets shall be cleaned as often as is determined necessary by the Director of Public Works during the fill process. e. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of excavation on surrounding properties. 5. The applicant shall use the following haul route: a. Haul vehicles may travel on 36th Street West and Wooddale Avenue South. b. Vehicles hauling excavation materials are prohibited from traveling on residential streets. 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. 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. 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. 'Resolution No. 09-035 STATE OF MINNESOTA ) O COUNTY OF HENNEPIN ) ss CITY OF ST. LOUIS PARK ) -3- 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. 09-035 adopted at the St. Louis Park City Council meeting held on February 17, 2009. WITNESS my hand and the Seal of the City of St. Louis Park this 3rd day of March, 2009.