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HomeMy WebLinkAbout15-079 - ADMIN Resolution - City Council - 2015/06/01RESOLUTION NO. 15-079 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-79(a) • and (b) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT EXCAVATION AND FILL OF APPROXIMATELY 9,000 CUBIC YARDS FROM PROPERTY ZONED INDUSTRIAL PARK AND GENERAL INDUSTRIAL DISTRICT LOCATED AT 5320 WEST 23RD STREET • BE IT RESOLVED BY the City Council of the City of St Louis Park: Findings 1. Hillcrest Development, LLLP has made application to the City Council for a Conditional Use Permit under Section 36-79(a) and (b) of the St. Louis Park Ordinance Code for the purpose of excavation and fill within the Industrial Park and General Industrial Districts located at 5320 West 23rd Street legally described as follows, to -wit: PARCEL 1: Lot 1, Block 1, Novartis Addition, except that part thereof embraced within the plat of Ridge Addition, also except that part of the most northwesterly 80 feet of said Lot 1 lying southwesterly of the southerly right of way line of the Burlington Northern Inc. Railroad, Hennepin County, Minnesota. (Ton -ens Property, Certificate of Title No 1057969) PARCEL 2. That part of Lot 1, Block 1, Novartis Addition, embraced within the plat of Ridge Addition, and that part of the most northwesterly 80 feet of said Lot 1, lying southwesterly of the southerly right of way line of the Burlington Northern Inc. Railroad, Hennepin County, Minnesota. (Abstract property) 2 The City Council has considered the advice and recommendation of the Planning Commission (Case No. 15 -16 -CUP) and the effect of the proposed excavation and 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 excavation and 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 excavation and fill is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. ID4 The contents of Planning Case File 15 -16 -CUP are hereby entered into and made part of the public hearing record and the record of decision for this case Resolution No 15-079 -2- Conclusion The Conditional Use Permit to permit excavation and fill of approximately 9,000 cubic yards of materials at the location described is granted based on the findings set forth above and subject to the following conditions: Prior to issuance of a land disturbing activities 1. Compensatory flood storage shall be provided in compliance with floodplain district priorities. 2 The contractors limit, to the best of their ability, hauling on the weekends In addition, hauling occurs only between the hours of 7.00 AM and 5 00 PM on the weekdays 3 Hours be limited to 9:00 AM to 5:00 PM as a condition of approval on weekends and holidays. 4 Provide a landscape management plan for the swales and ponds to ensure vegetation is maintained. 5. Provide a snow plow management plan for the site. 6. Provide a photometric plan 7 All required permits shall 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 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. e . ity Clerk is instructed to record certified copies of this resolution in the Office of the Hennein County Register of Deeds or Registrar of Titles as the case may be. Revie :dAdministration x!/11_ Cityriff-itoa_-r41111" Adopted by the City Council June 1, 2015 ciN Mayor "'° v RECEIVED 2JL 1 3 2015 OFFICE OF THE Ci a Y CLERK 1111111111110101101111111111111111111111111111111111 Doc No A10208104 Certified, filed and/or recorded on Jun 24, 2015 10 00 AM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 17 Re6Olul ffu. Ap, 15-- OPkg ID 1259852D Document Recording Fee $46 00 Document Total $46 00 This cover sheet is now a permanent part of the recorded document CITY OF ffiSAT. LOUIS RK Administration Office 5005 Minnetonka Boulevard St. Louis Park MN 55416 (952) 928-2840 STATE OF MINNESOTA ) COUN TY OF HENNEPIN ) ss CITY OF ST LOUIS PARK ) The undersigned hereby certifies the following: "CITY COUNCIL RESOLUTION" 1) The attached is a full, true and correct copy of the original Resolution No. 15-079 adopted June 1, 2015 and on file in the Office of the City Clerk 2) The City Council meeting was held upon due call and notice. WITNESS my hand and the Seal of the City of St. Louis Park. 4-1 Melissa Kenned City Clerk Date: June 10, 2015 7. • RESOLUTION NO. 15-079 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-79(a) and (b) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT EXCAVATION AND FILL OF APPROXIMATELY 9,000 CUBIC YARDS FROM PROPERTY ZONED INDUSTRIAL PARK AND GENERAL INDUSTRIAL DISTRICT LOCATED AT 5320 WEST 23RD STREET BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. Hillcrest Development, LLLP has made application to the City Council for a Conditional Use Permit under Section 36-79(a) and (b) of the St. Louis Park Ordinance Code for the purpose of excavation and fill within the Industrial Park and General Industrial Districts located at 5320 West 23rd Street legally described as follows, to -wit PARCEL 1: Lot 1, Block 1, Novartis Addition, except that part thereof embraced within the plat of Ridge Addition, also except that part of the most northwesterly 80 feet of said Lot 1 lying southwesterly of the southerly right of way line of the Burlington Northern Inc. Railroad, Hennepin County, Minnesota. (Torrens Property, Certificate of Title No. 1057969) PARCEL 2: That part of Lot 1, Block 1, Novartis Addition, embraced within the plat of Ridge Addition; and that part of the most northwesterly 80 feet of said Lot 1, lymg southwesterly of the southerly, right of way line of the Burlington Northern Inc Railroad, Hennepin County, Minnesota. (Abstract property) 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 15 -16 -CUP) and the effect of the proposed excavation and 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 excavation and 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 excavation and 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 15 -16 -CUP are hereby entered into and made part of the public hearing record and the record of decision for this case • Resolution No. 15-079 -2- • Conclusion The Conditional Use Permit to permit excavation and fill of approximately 9,000 cubic yards of materials at the location described is granted based on the findings set forth above and subject to the following conditions: Prior to issuance of a land disturbing activities: 1. ' Compensatory flood storage shall be provided in compliance with floodplain district priorities. 2. The contractors limit, to the best of their ability, hauling on the weekends. In addition, hauling occurs only between the hours of 7:00 AM and 5:00 PM on the weekdays. 3. Hours be limited to 9:00 AM to 5:00 PM as a condition of approval on weekends and holidays. 4. Provide a landscape management plan for the swales and ponds to ensure vegetation is maintained: 5 Provide a snow plow management plan for the site. 6. Provide a photometric plan 7. All required permits shall 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 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. e ity Clerk is instructed to record certified copies of this resolution in the Office of the Henne in County Register of Deeds or Registrar of Titles as the case may be. Revie Administration _ City Tir a r Attest: O/f City'Ck Adopted by the City Council June 1, 2015 c)(\ Existing Certs 1390688 w RECEWED JUL 1 3 2015 OFFICE OF THE CI IY CLERK II0II D II IfflI 11II 1110 III III DI 10 III Doc No T05267938 Certified, filed and/or recorded on Jun 24, 2015 10 00 AM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 17 ILdief l0. 15`O1q Pkg ID 1260033D Document Recording Fee $46 00 Document Total $46 00 This cover sheet is now a permanent part of the recorded document CITY OF ffiSATR. K LOUIS Administration Office 5005 Minnetonka Boulevard St. Louis Park MN 55416 (952) 928-2840 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss CITY OF ST LOUIS PARK ) The undersigned hereby certifies the following: "CITY COUNCIL RESOLUTION" 1) The attached is a full, true and correct copy of the original Resolution No. 15-079 adopted June 1, 2015 and on file in the Office of the City Clerk. 2) The City Council meeting was held upon due call and notice. WITNESS my hand and the Seal of the City of St. Louis Park. 4 . 2 Melisa Kenne City Clerk Date: June 10, 2015 • C` o i RESOLUTION NO. 15-079 /39 itr RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-79(a) and (b) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT EXCAVATION AND FILL OF APPROXIMATELY 9,000 CUBIC YARDS FROM PROPERTY ZONED INDUSTRIAL PARK AND GENERAL INDUSTRIAL DISTRICT LOCATED AT 5320 WEST 23" STREET BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findmgs 1. Hillcrest Development, LLLP has made application to the City Council for a Conditional Use Permit under Section 36-79(a) and (b) of the St. Louis Park Ordinance Code for the purpose of excavation and fill within the Industrial Park and General Industrial Districts located at 5320 West 23`d Street legally described as follows, to -wit: PARCEL 1: Lot 1, Block 1, Novartis Addition, except that part thereof embraced within the plat of Ridge Addition, also except that part of the most northwesterly 80 feet of said Lot 1 lying southwesterly of the southerly nght of way line of the Burlington Northern Inc. Railroad, Hennepin County, Minnesota. (Torrens Property, Certificate of Title No 1057969) PARCEL 2: That part of Lot 1, Block 1, Novartis Addition, embraced within the plat of Ridge Addition; and that part of the most northwesterly 80 feet of said Lot 1, lying southwesterly of the southerly right of way line of the Burlington Northern Inc. Railroad, Hennepin County, Minnesota. (Abstract property) 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 15 -16 -CUP) and the effect of the proposed excavation and 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 excavation and 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 excavation and fill is in harmony with the general purpose and mtent of the Zoning Ordinance and the Comprehensive Plan. • 4. The contents of Planning Case File 15 -16 -CUP are hereby entered into and made part of the public hearmg record and the record of decision for this case Resolution No 15-079 -2- Conclusion The Conditional Use Permit to permit excavation and fill of approximately 9,000 cubic yards of materials at the location described is granted based on the findings set forth above and subject to the following conditions: Prior to issuance of a land disturbing activities: 1. Compensatory flood storage shall be provided in compliance with floodplain district priorities. 2. The contractors limit, to the best of their ability, hauling on the weekends. In addition, hauling occurs only between the hours of 7:00 AM and 5:00 PM on the weekdays. 3. Hours be limited to 9:00 AM to 5:00 PM as a condition of approval on weekends and holidays. 4. Provide a landscape management plan for the swales and ponds to ensure vegetation is maintained. 5 Provide a snow plow management plan for the site. 6. Provide a photometric plan 7. All required permits shall be obtamed. 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. e ity Clerk is instructed to record certified copies of this resolution in the Office of the Henne..in County Register of Deeds or Registrar of Titles as the case may be. Revie : d Administration �1I •i ii__ . City W a_ r Adopted by the City Council June 1, 2015-