HomeMy WebLinkAbout12-128 - ADMIN Resolution - City Council - 2012/09/04RESOLUTION NO. 12-128
A RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER
SECTIONS 36-79 AND 36-294 OF THE ST. LOUIS PARK ORDINANCE
CODE, RELATING TO ZONING TO PERMIT EXCAVATION, FILL,
AND WORK IN THE FLOODPLAIN FOR PROPERTY ZONED POS —
PARKS AND OPEN SPACE, IG — GENERAL INDUSTRIAL, RC — HIGH
DENSITY MULTI -FAMILY RESIDENTIAL, AND FP — GENERAL
FLOODPLAIN OVERLAY DISTRICTS, LOCATED ALONG
MINNEHAHA CREEK BETWEEN MEADOWBROOK ROAD AND
LOUISIANA AVENUE SOUTH
BE IT RESOLVED BY the City Council of the City of St. Louis Park:
Findings
1. The City of St. Louis Park and the Minnehaha Creek Watershed District have made
application to the City Council for a Conditional Use Permit under Sections 36-79 and 36-294
of the St. Louis Park Ordinance Code for the purpose of excavation, fill, and work in the
floodplain within the POS Parks and Open Space, IG General Industrial, RC High Density
Multi -Family Residential and FP General Floodplain Overlay Districts,
Located along the course of Minnehaha Creek, between Meadowbrook Road and
Louisiana Avenue South, crossing various parcels owned by the City of St. Louis Park
and the Minnehaha Creek Watershed District, with legal descriptions as on file with the
City of St. Louis Park and Hennepin County.
2. The City Council has considered the advice and recommendation of the Planning
Commission (Case No. 12 -17 -CUP) and the effect of the proposed excavation, fill, and work in
the floodplain 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, fill, and work in the floodplain 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, fill, and work in the floodplain is in harmony with the general purpose
and intent of the Zoning Ordinance and the Comprehensive Plan.
4. The contents of Planning Case File 12 -17 -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, fill, and work in the FP General Floodplain
District 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 Exhibits
incorporated by reference herein.
Resolution No. 12-115 -2-
2. The haul route shall be restricted to Oxford Street, Meadowbrook Road, Louisiana
Avenue South, Excelsior Boulevard, State Highway 7, and State Highway 169.
3. Excavation, fill and hauling may occur between the hours of 7:00 a.m. and 8:00 p.m.
Monday through Friday, and the hours of 9.00 a.m. and 8:00 p.m. on the weekend and
holidays.
4. Prior to beginning site work, the billboard located at 7252 Excelsior Boulevard shall
be removed.
5. Pnor to beginning site work, the assent form and official exhibits must be signed by
the project manager for the Minnehaha Creek Watershed District.
6. All contractors are required to comply with state and local dust and noise ordinances.
7. Public streets shall be maintained free of dirt and shall be cleaned as necessary.
8. All necessary permits shall be obtained.
9. Loud equipment shall be kept as far as possible from residences at all times.
10. Violations of any conditions of this agreement shall result in an administrative fee of
$750 per violation.
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 may be required, which may impose additional
requirements.
Th Cit Clerk 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.
Review . :or A ' ministration:
.111/111
WINN
City M age
Attest:
City Clerk
Adopte
y t e City Council September 4, 2012
Mayor