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HomeMy WebLinkAbout15-187 - ADMIN Resolution - City Council - 2015/11/16RESOLUTION NO. 15-187 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-79(a) AND 36-294(1) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT 2,785 CUBIC YARDS OF FILL INCLUDING 1,229 CUBIC YARDS OF FILL IN THE FLOOD PLAIN ON PROPERTY ZONED INDUSTRIAL PARK AND FLOOD PLAIN DISTRICT LOCATED AT 5320 WEST 23" STREET BE IT RESOLVED BY the City Council of the City of St Louis Park: Findings 1. COB, LLC has made application to the City Council for a Conditional Use Permit under Section 36-79(a) and 36-294(0 of the St. Louis Park Ordinance Code for the purpose of importing fill, including fill in the floodplain. 2. The subject property is located in Industrial Park and Floodplain Distncts at 5320 West 23rd Street legally descnbed as follows, to -wit: Lots 1 and 2, Block 1, Westside Center Izzie Addition, Hennepin County, Minnesota 3. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 15 -40 -CUP) and the effect of the proposed 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. 4. The Council has determined that the fill does not endanger life or property, it does not cause a stage increase of the 100 -year flood event, and it does not increase flood heights or velocities. 5. The Council has determined that the compensating storage of floodwaters displaced by the import of fill is located where it achieves the goal of eliminating a stage increase, and the area where the compensating storage is proposed was outside of the 100 -year flood zone before development as compensating storage. 6. The Council has determined that the overall use of the site is consistent with the Comprehensive Plan land use designation as industrial, and the renovation of the site has restored the site as a major employment center in the community. 7. The Council has determined that the fill and use are consistent with the regulations, intent and purpose of City Code and the zoning districts in which the property is located. 8. The Council has determined that the proposed use will not have undue adverse impacts on governmental facilities, services or improvements. Resolution No. 15-187 -2- 9. The Council has determined that the proposed fill and use do not conflict with the City's stormwater, sanitary sewer, and water plans. 10. The Council has determined that the proposed fill and expanded off-street parking use is not detrimental to the health, safety, morals and general welfare of the community as a whole. It will not have undue adverse impacts on the use and enjoyment of properties, existing and anticipated traffic conditions, parking facilities on adjacent streets, and values of properties in close proximity 11. The Council has determined that the proposed fill and use will not be detrimental to the health, safety, or general welfare of the community nor will it cause neither serious traffic congestion nor hazards, nor will it seriously depreciate surrounding property values, and the proposed fill is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. 12. The contents of Planning Case File 15 -40 -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 fill of approximately 2,785 cubic yards of matenals at the location described, including 1,229 cubic yards of fill in the flood plain, 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 conditions of this resolution, approved Official Exhibits, and City Code. 2. Pnor to placement of any fill in the floodplain, the compensating flood storage shall be provided in compliance with floodplain district requirements and Official Exhibits. 3. All construction activities related to grading, paving and landscaping the site occur only between the hours of 7:00 AM and 8:00 PM on the weekdays. Truck hauling shall be limited to 7:00 AM and 5:00 PM in accordance with the applicant's proposed hours. Any construction work related to this application on weekends or holidays shall be limited to 9:00 AM to 5:00 PM. 4. Haul routes shall shall follow the Official Exhibits to avoid truck traffic through residential neighborhoods. 5. All required permits shall be obtained prior to starting the work, including but not necessarily limited to, parking lot permit from the Community Development Department, an erosion control permit from the Engineering Department, and storm water utility permit and building permit for the retaining wall (if required) from the Inspections Department. 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) pnor to issuance of a building permit The City Clerk is instructed to record certified copies of this resolution in the Office of the Hennepin County Registrar of Deeds or Registrar of Titles as the case may be. A s inistration Attest: Adopted the City Council November 16, 2015 0j'_, // Mayor • 111111111011111111111111111111111111111111111111111111 Existing Certs 1414426 • Deputy 92 Doc No T05321890 Certified, filed and/or recorded on Jan 19, 2016 2 00 PM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Peed j itieret Af o 1 S") r7 Pkg ID 1346100M Document Recording Fee $46 00 Document Total $46 00 RECE VED FEB 3 2016 OFFICE OF THE CITY CLERK! 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 onginal Resolution No. 15-187 adopted November 16, 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 Mel sa Ke edy City Clerk Date• January 13, 2015 RESOLUTION NO. 15-187 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-79(a) AND 36-294(0 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT 2,785 CUBIC YARDS OF FILL INCLUDING 1,229 CUBIC YARDS OF FILL IN THE FLOOD PLAIN ON PROPERTY ZONED INDUSTRIAL PARK AND FLOOD PLAIN DISTRICT LOCATED AT 5320 WEST 23" STREET BE IT RESOLVED BY the City Council of the City of St Louis Park: Findings 1. COB, LLC has made application to the City Council for a Conditional Use Permit under Section 36-79(a) and 36-294(0 of the St. Louis Park Ordinance Code for the purpose of importing fill, including fill in the floodplain. 2. The subject property is located in Industrial Park and Floodplain Districts at 5320 West 23rd Street legally described as follows, to -wit: Lots 1 and 2, Block 1, Westside Center Izzie Addition, Hennepin County, Minnesota 3. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 15 -40 -CUP) and the effect of the proposed 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. 4. The Council has determined that the fill does not endanger life or property, it does not cause a stage increase of the 100 -year flood event, and it does not increase flood heights or velocities. 5. The Council has determined that the compensating storage of floodwaters displaced by the import of fill is located where it achieves the goal of eliminating a stage increase, and the area where the compensating storage is proposed was outside of the 100 -year flood zone before development as compensating storage. 6. The Council has determined that the overall use of the site is consistent with the Comprehensive Plan land use designation as industrial, and the renovation of the site has restored the site as a major employment center in the community. 7. The Council has determined that the fill and use are consistent with the regulations, intent and purpose of City Code and the zoning districts in which the property is located. 8. The Council has determined that the proposed use will not have undue adverse impacts on governmental facilities, services or improvements. • Resolution No. 15-187 -2- 9. The Council has determined that the proposed fill and use do not conflict with the City's stormwater, sanitary sewer, and water plans. 10. The Council , has determined that the proposed fill and expanded off-street parking use is not detrimental to the health, safety, morals and general welfare of the community as a whole. It will not have undue adverse impacts on the use and enjoyment of properties, existing and anticipated traffic conditions, parking facilities on adjacent streets, and values of properties in close proximity. 11. The Council has determined that the proposed fill and use will not be detrimental to the health, safety, or general welfare of the community nor will it cause neither serious traffic congestion nor hazards, nor will it seriously depreciate surrounding property values, and the proposed fill is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. 12. The contents of Planning Case File 15 -40 -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 fill of approximately 2,785 cubic yards of matenals at the location described, including 1,229 cubic yards of fill in the flood plain, 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 conditions of this resolution, approved Official Exhibits, and City Code. 2. Prior to placement of any fill in the floodplain, the compensating flood storage shall be provided in compliance with floodplain district requirements and Official Exhibits. 3. All construction activities related to grading, paving and landscaping the site occur only between the hours of 7:00 AM and 8:00 PM on the weekdays. Truck hauling shall be limited to 7:00 AM and 5:00 PM in accordance with the applicant's proposed hours. Any construction work related to this application on weekends or holidays shall be limited to 9:00 AM to 5:00 PM. 4. Haul routes shall shall follow the Official Exhibits to avoid truck traffic through residential neighborhoods. 5. All required permits shall be obtained prior to starting the work, including but not necessarily limited to, parking lot permit from the Community Development Department, an erosion control permit from the Engineenng Department, and storm water utility permit and building permit for the retaining wall (if required) from the Inspections Department. 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) pnor to issuance of a building permit. The City Clerk is instructed to record certified copies of this resolution in the Office of the Hennepin County Registrar of Deeds or Registrar of Titles as the case may be. r Resolut n o. 15-187 -3- Reviewe fo A•, inistration Adopted the City Council November 16, 2015 City M Attest: Mayor • III0 II 010 1101 1110 lIl 101 HII IflI Ifl II Doc No A10279266 Certified, filed and/or recorded on Jan 19, 2016 12 00 PM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 92 gf5611cl'rerel /J iS 1g7 Pkg ID 1345523M Document Recording Fee $46 00 Document Total $46 00 RECEIVED FEB F 2016 OFFICE OF THE CITY CLERK/ This cover sheet is now a permanent part of the recorded document CITY OF ST. Lours 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. 15-187 adopted November 16, 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. :74-&-e 4Iv elissa Keraned_ City Clerk Date: January 13, 2015 RESOLUTION NO. 15-187 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-79(a) AND 36-294(1) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT 2,785 CUBIC YARDS OF FILL INCLUDING 1,229 CUBIC YARDS OF FILL IN THE FLOOD PLAIN ON PROPERTY ZONED INDUSTRIAL PARK AND FLOOD PLAIN DISTRICT LOCATED AT 5320 WEST 23RD STREET BE IT RESOLVED BY the City Council of the City of St Louis Park. Findings 1. COB, LLC has made application to the City Council for a Conditional Use Permit under Section 36-79(a) and 36-294(0 of the St. Louis Park Ordinance Code for the purpose of importing fill, including fill in the floodplain. 2. The subject property is located in Industrial Park and Floodplain Distncts at 5320 West 23rd Street legally described as follows, to -wit: Lots 1 and 2, Block 1, Westside Center Izzie Addition, Hennepin County, Minnesota 3. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 15 -40 -CUP) and the effect of the proposed 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. 4. The Council has determined that the fill does not endanger life or property, it does not cause a stage increase of the 100 -year flood event, and it does not increase flood heights or velocities. 5. The Council has determined that the compensating storage of floodwaters displaced by the import of fill is located where it achieves the goal of eliminating a stage increase, and the area where the compensating storage is proposed was outside of the 100 -year flood zone before development as compensating storage. 6. The Council has determined that the overall use of the site is consistent with the Comprehensive Plan land use designation as industrial, and the renovation of the site has restored the site as a major employment center in the community. 7. The Council has determined that the fill and use are consistent with the regulations, intent and purpose of City Code and the zoning districts in which the property is located. 8. The Council has determined that the proposed use will not have undue adverse impacts on governmental facilities, services or improvements. • • Resolution No. 15-187 -2- 9. The Council has determined that the proposed fill and use do not conflict with the City's stormwater, sanitary sewer, and water plans. 10. The Council has determined that the proposed fill and expanded off-street parking use is not detrimental to the health, safety, morals and general welfare of the community as a whole. It will not have undue adverse impacts on the use and enjoyment of properties, existing and anticipated traffic conditions, parking facilities on adjacent streets, and values of properties in close proximity. 11. The Council has determined that the proposed fill and use will not be detrimental to the health, safety, or general welfare of the community nor will it cause neither serious traffic congestion nor hazards, nor will it seriously depreciate surrounding property values, and the proposed fill is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. 12. The contents of Planning Case File 15 -40 -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 fill of approximately 2,785 cubic yards of matenals at the location described, including 1,229 cubic yards of fill in the flood plain, 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 conditions of this resolution, approved Official Exhibits, and City Code. 2. Prior to placement of any fill in the floodplain, the compensating flood storage shall be provided in compliance with floodplain district requirements and Official Exhibits. 3. All construction activities related to grading, paving and landscaping the site occur only between the hours of 7:00 AM and 8:00 PM on the weekdays. Truck hauling shall be limited to 7:00 AM and 5:00 PM in accordance with the applicant's proposed hours. Any construction work related to this application on weekends or holidays shall be limited to 9:00 AM to 5:00 PM. 4. Haul routes shall shall follow the Official Exhibits to avoid truck traffic through residential neighborhoods. 5. All required permits shall be obtained prior to starting the work, including but not necessarily limited to, parking lot permit from the Community Development Department, an erosion control permit from the Engineenng Department, and storm water utility permit and building permit for the retaining wall (if required) from the Inspections Department. 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. The City Clerk is instructed to record certified copies of this resolution in the Office of the Hennepin County Registrar of Deeds or Registrar of Titles as the case may be. Attest: � �� City C erk Adopted • the City Council November 16, 2015 11111 I l Mayor