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HomeMy WebLinkAbout15-124 - ADMIN Resolution - City Council - 2015/09/08• • • RESOLUTION NO. 15-124 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-79 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT EXCAVATION OF APPROXIMATELY 7,000 CUBIC YARDS OF MATERIAL FROM PROPERTY ZONED POS PARK AND OPEN SPACE (POS) DISTRICT LOCATED AT 3700 MONTEREY DRIVE BE IT RESOLVED BY the City Council of the City of St. Louis Park Findings 1 The City of St. Louis Park 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 excavating approximately 7,000 cubic yards at 3700 Monterey Drive which is zoned POS Park and Open Space, and is legally described as follows Addition Name: WESTMORELAND PARK ALL OF BLKS 4-5-6-10 AND 11 ALSO THAT PART OF BLK 7 LYING SLY OF MONTEREY DR AND LOTS 1 TO 6 INCL AND LOTS 8 TO 14 INCL BLK 8 ALSO LOTS 1 TO 7 INCL AND LOTS 11 TO 22 BLK 9 EX STREET INCL VAC STS AND ALLEYS And Addition Name: PARK COMMONS EAST OUTLOT C 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No 15 -34 -CUP) and the effect of the proposed excavation 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 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 is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. 4. The contents of Planning Case File No. 15 -34 -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 excavation of approximately 7,000 cubic yards of material 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 conformance with the Official Exhibits. Resolution No 15-124 -2- a. Exhibit A Site Plan b Exhibit B: Landscaping Plan c. Exhibit D: Grading & Drainage Plan 2 Prior to issuance of a building permit or land disturbing activities a. All necessary permits must be obtained, including from the Minnehaha Creek Watershed District (MCWD). 3. All trucks used for excavation and removal of materials shall utilize 36th Street, Wooddale Ave S, and Highway 100. 4. The applicant shall comply with the following conditions during the excavation and construction: a. The site shall be kept free of dust and debris that could blow onto neighboring properties. b. Public streets shall be maintained free of dirt and shall be cleaned as necessary c. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of excavation on surrounding properties 5 A regulator shall be installed on the outdoor sound system used by the complex to prevent the system from exceeding maximum allowed sound levels. 6. The site shall meet all fire lane requirements. 7. 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. 8. 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. 9. 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. The itylerk is instructed to record certified copies of this resolution in the Office of the Henn in $ounty Register of Deeds or Registrar of Titles as the case may be Reviewed imstration. City M Attest Ad the City Council September 8, 2015 May • • i .r • • 11111111111111111110111101111111111111111111111111 e 0 Doc No A10243454 Certified, filed and/or recorded on Oct 1, 2015 8 00 AM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 116 Rts. No. 15 ids( Pkg ID 1300492M Document Recording Fee $46 00 Document Total $46 00 i 2 2015 This cover sheet is now a permanent part of the recorded document • • • CITY OF ST. LOUIS PARK 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. 15-124 adopted September 8, 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. Me ssa Kent - dy City Clerk Date: September 22, 2015 • RESOLUTION NO. 15-124 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-79 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT EXCAVATION OF APPROXIMATELY 7,000 CUBIC YARDS OF MATERIAL FROM PROPERTY ZONED POS PARK AND OPEN SPACE (POS) DISTRICT LOCATED AT 3700 MONTEREY DRIVE BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. The City of St. Louis Park 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 excavating approximately 7,000 cubic yards at 3700 Monterey Drive which is zoned POS Park and Open Space, and is legally described as follows: Addition Name: WESTMORELAND PARK ALL OF BLKS 4-5-6-10 AND 11 ALSO THAT PART OF BLK 7 LYING SLY OF MONTEREY DR AND LOTS 1 TO 6 INCL AND LOTS 8 TO 14 INCL BLK 8(ALSO LOTS 1 TO 7 INCL AND LOTS 11 TO 22 BLK 9 EX STREET INCL VAC STS AND ALLEYS And Addition Name: PARK COMMONS EAST OUTLOT C 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 15 -34 -CUP) and the effect of the proposed excavation 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 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 is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. 4 The contents of Planning -Case File No. 15 -34 -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 excavation of approximately 7,000 cubic yards of material 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 conformance with the Official Exhibits Resolution No. ' 15-124 -2- a. Exhibit A Site Plan b. Exhibit B: Landscaping Plan c. Exhibit D: Grading & Drainage Plan 2. Prior to issuance of a building permit or land disturbing activities: a All necessary permits must be obtained, including from the Minnehaha Creek Watershed District (MCWD). 3. All trucks used for excavation and removal of materials shall utilize 36th Street, Wooddale Ave S, and Highway 100. 4. The applicant shall comply with the following conditions during the excavation and construction: a. The site shall be kept free of dust and debris that could blow onto neighboring properties. b. Public streets shall be maintained free of dirt and shall be cleaned as necessary. c The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of excavation on surrounding properties. 5. A regulator shall be installed on the outdoor sound system used by the complex to prevent the system from exceeding maximum allowed sound levels 6 The site shall meet all fire lane requirements 7. 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. 8 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. 9 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 The itylerk is instructed to record certified copies of this resolution in the Office of the Henn in •ounty Register of Deeds or Registrar of Titles as the case may be Reviewed f. r A. stration: A the City Council September 8, 2015 City M Attest May