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HomeMy WebLinkAbout09-059 - ADMIN Resolution - City Council - 2009/04/20RESOLUTION NO. 09-059 Amends and Restates Resolution No. 87-171 RESOLUTION AMENDING AND RESTATING RESOLUTION NO. 87- 171 ADOPTED ON OCTOBER 5, 1987, AND GRANTING AMENDMENT TO EXISTING SPECIAL PERMIT UNDER SECTION 36- 36 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO ALLOW EXPANSION OF A PUBLIC SERVICE STRUCTURE FOR PROPERTY LOCATED AT 7305 OXFORD STREET FINDINGS WHEREAS, the City of St. Louis Park has made application to the City Council for an amendment to an existing special permit under Section 36-36 of the St. Louis Park Ordinance Code to allow expansion of a public service structure at 7305 Oxford Street within a IG General Industrial Zoning District having the following legal description: Tract B, Registered Land Survey 1045 (Torrens Certificate No. 454309); and the east 175 feet of Lot 1, Block 2, Park Industrial Addition (Torrens Certificate No. 447561) WHEREAS, the City Council has considered the information related to Planning Case Nos. 87 -18 -SP and 09 -04 -SP and the effect of the proposed expansion 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 and the effect of the use on the Comprehensive Plan; and compliance with the intent of the Zoning Ordinance; and WHEREAS, a special permit was issued regarding the subject property pursuant to Resolution No. 87-171 of the St. Louis Park City Council dated October 5, 1987 which contained conditions applicable to said property; and WHEREAS, due to changed circumstances, amendments to those conditions are now necessary, requiring the amendment of that special permit; and WHEREAS, it is the intent of this resolution to continue and restate the conditions of the permit granted by Resolution'No. 87-171, to add the amendments now required, and to consolidate all conditions applicable to the subject property in this resolution; WHEREAS, the contents of Case No. 87 -18 -SP and 09 -04 -SP are hereby entered into and made part of the public hearing record and the record of decision for this case. Resolution No. 09-059 -2- CONCLUSION NOW THEREFORE BE IT RESOLVED that Resolution No. 87-171 (document not filed) is hereby restated and amended by this resolution which continues and amends a special permit to the subject property for the purposes of permitting expansion of a public service structure within the IG General Industrial District at the location described above based on the following conditions: 1. The site shall be developed, used and maintained in accordance with Exhibit A — Central Garage Facility Addition. 2. Open storage on the site shall be confined to the areas on the site plan identified as outside storage of gravel, oil tanks, storage tanks, storage bins, and the portion of the bituminous surface west of the building, south of the fill spouts for the propane tank. None of the area designated as park and open space on Exhibit A shall be used for open storage, gravel, oil tanks or other contractor's yard type uses. 3. Any structure on the site shall have a lowest floor elevation of at least 184.8 feet City Datum (895.1 N.G.V.D.). 4. A plan providing for the proper location and protection of oil tanks, salt and sand, runoff, signage, etc., shall be submitted and approved on or before June 1, 1987. 5. All improvements shall be completed by May 15, 1988, except for the items as described in Condition No. 4 which shall be completed by May 15, 1989. 6. That Exhibit A is hereby replaced by Exhibit A, — New Overall Plan for the special permit in satisfaction of Condition No. 4 above, and that all improvements be completed by May 15, 1989. 7. The special permit shall be amended on April 20, 2009 to incorporate all of the preceding conditions and add the following conditions: a. The site shall be developed, used and maintained in accordance with exhibits incorporated by reference herein b. The applicant shall comply with the following conditions during construction: 1) 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. 2) Loud equipment shall be kept as far as possible from residences at all times. 3) The site shall be kept free of dust and debris that could blow onto neighboring properties. 4) Public streets shall be maintained free of dirt and shall be cleaned as necessary. 5) The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of excavation on surrounding properties. Resolution No. 09-059 -3- c. Prior to starting any site work, the following conditions shall be met: 1) A pre -excavation conference shall be held with the appropriate development, construction and city representatives. 2) All necessary erosion control measures shall be installed. 3) All necessary permits must be obtained. 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, 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 d. ' ere rom owner) prior to issuance of building permit. Revie ed r Administration: City anag Attest: City"-edtad:=21216744--- Clerk Adopted by the City Council April 20, 2009