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HomeMy WebLinkAbout16-079 - ADMIN Resolution - City Council - 2016/06/20RESOLUTION NO. 16-079 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-294 AND 36-79 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO FLOODPLAIN DISTRICTS AND GRADING TO PERMIT THE CONSTRUCTION OF A FLOODWALL WITHIN THE FLOODPLAN OVERLAY DISTRICT AT 6500 EXCELSIOR BOULEVARD WHEREAS, Park Nicollet Health Systems has made application to the City Council for a Conditional Use Permit under Section 36-294(f) of the St. Louis Park Ordinance Code for the purpose of constructing a floodwall within a Floodplain Overlay District resulting in 1,175 cubic . yards of impacted flood storage within the floodplain on property located at 6500 Excelsior Boulevard in St. Louis Park and legally described as set forth in Exhibit "A" attached hereto; and WHEREAS, the City Council has considered the advice and recommendation of the Planning Commission (Case No. 16 -15 -CUP) and the effect of the proposed floodwall on the health, safety and welfare of the community, the consistency with the Comprehensive Plan, and compliance with the intent of the Zoning Ordinance; and WHEREAS, the Council has determined that the construction of the floodwall will not be detrimental to the health, safety, or welfare of the community, and that the request is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan; and WHEREAS, the contents of Planning Case File 16 -15 -CUP are hereby entered into and made part of the public hearing record and record of decision for this case; and WHEREAS, the site is developed, used, and maintained in conformance with Official Exhibits, required permits are obtained prior to construction, the sequencing schedule for the floodwall and wetland compensatory storage completion is followed, and documentation certifying that the floodwall is in accordance with state building code. NOW THEREFORE, BE IT RESOLVED THAT, the St. Louis Park City Council hereby approves a Conditional Use Permit for Park Nicollet Health Services to construct a floodwall and export more than 400 cubic yards of soil at 6500 Excelsior Blvd within the Floodplain Overlay District, subject to the following conditions: 1) The site shall be developed, used and maintained in conformance with the Official Exhibits. 2) Prior to starting construction the following: a. The assent form and official exhibits must be signed by applicant and/or owner. b. A preconstruction meeting shall be held with the appropriate development, construction, private utility, and City representatives. c. All necessary permits shall be obtained, including but not limited to: i. NPDES Grading/Construction Permit ii. City of St. Louis Park Building, Sewer and Water, and Erosion Control Permits iii. MnDNR Protected Waters Permit iv. Minnehaha Creek Watershed District Approval 3) The Applicant shall follow the sequencing schedule for the floodwall and wetland compensatory storage completion. 4) Documentation certifying that the floodwall is in accordance with state building code. 5) 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. Resolution No. 16-079 -2- 6) This permit shall be revoked and cancelled if the stmeture for which the conditional use permit is granted is removed. The City Cl k is instructed to record certified copies of this resolution in the Office of the Hennepin qouAty Register of Deeds or Registrar of Titles as the case may be. Council June 20, 2016 Thomas Attest: Meliss Kennedy, City Jerk Resolution No. 16-079 -3- "EXHIBIT A" LEGAL DESCRIPTION Par 1: That part of the Northeast Quarter of the Northeast Quarter of Section 20, Township 117, Range 21, described as follows: Commencing at the Southeast corner of said Northeast Quarter of Northeast Quarter, thence North to a point 90 feet South of the South line of Calhoun Street, thence West parallel with the South line of Calhoun Street and the same extended, to a point 111 feet West of the East line of Section 20, the actual point of beginning of the land to be described; thence continuing West on said parallel line to the West line of Mount St., extended; thence North along said line and the West line of Mound St. 202.5 feet; thence West parallel with the extension of the South line of Calhoun St., 644.9 feet to the Southeasterly line of right of way of the Chicago, Milwaukee and St. Paul Railway Co.; thence Southwesterly along said right of way line to the West line of the Northeast Quarter of the Northeast Quarter of said Section; thence South to the Southwest Corner of the Northeast Quarter of the Northeast Quarter; thence East along the South line of said Northeast Quarter of Northeast Quarter of said Section to the point of intersection with a line running parallel with the East line of said Section from the actual point of beginning; thence North along said parallel line to the actual point of beginning. Par 2: The Southeast Quarter of the Northeast Quarter that part of the North 1/2 of the Southeast Quarter which lies North of the center line of Excelsior Boulevard, Section 20, Township 117, Range 21 excepting there fi-om that part which lies East of a line described as follows: Commencing at a point on the East line of said Section 90 feet South of the South line of Calhoun Street; thence West parallel with the South line of Calhoun Street and the same extended to a point 111 feet West of the East line of said Section the actual point of beginning of the line to be described; thence South parallel with the East line of Section 20 to the center line of Excelsior Boulevard and except that part lying Southerly and Westerly of a line drawn from a point in the West line of the Southeast Quarter of the Northeast Quarter distant 425 feet South of the Northwest corner thereof to a point in the South line of said Southeast Quarter of the Northeast Quarter distant 480 feet West of the Southeast corner thereof; thence along said line projected Southeasterly to the intersection with a line drawn 411 feet West of, measured at a right angle to and parallel with the East line of the North 1/2 of the Southeast Quarter; thence South along last said parallel line to the center line of Excelsior Boulevard and there terminating. Subject to a power line easement over a strip of land 35 feet in width as set forth in the record, Book 1045 of Deeds, page 41, the center line of which strip was described as follows, to wit: Beginning at a point 17 1/2 feet West of the Southeast corner of said Section 20, thence North parallel to East section line and equidistant therefrom to the South line of Excelsior Boulevard sometimes called Hopkins Road; thence Northwesterly to a point on the North line of said Excelsior Boulevard 128 1/2 feet West of said East section line; thence North and parallel to said section line to a point 128 1/2 feet West of said Section line and 14 feet South of the South line of said Lot 14, Block 78, in the Village of St. Louis Park all as shown by plat on file herein of which a certified copy shall be filed with the Registrar of Titles. Existing Certs 569337 Doc No T05364383 Certified, filed and/or recorded on Jul 14, 2016 10:00 AM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 87 Res �)p, i�'-0yo Pkg ID 1418804D Document Recording Fee / $46.00 Document Total RECEIVE[ AUG 0 4 2016 OFFICE OF THE CITY CLERK This cover sheet is now a permanent part of the recorded document. RESOLUTION NO. 16-079 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-294 AND 36-79 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO FLOODPLAIN DISTRICTS AND GRADING TO PERMIT THE CONSTRUCTION OF A FLOODWALL WITHIN THE FLOODPLAN OVERLAY DISTRICT AT 6500 EXCELSIOR BOULEVARD WHEREAS, Park Nicollet Health Systems has made application to the City Council for a Conditional Use Permit under Section 36-294(f) of the St. Louis Park Ordinance Code for the purpose of constructing a floodwall within a Floodplain Overlay District resulting in 1,175 cubic . yards of impacted flood storage within the floodplain on property located at 6500 Excelsior Boulevard in St. Louis Park and legally described as set forth in Exhibit "A" attached hereto; and WHEREAS, the City Council has considered the advice and recommendation of the Planning Commission (Case No. 16 -15 -CUP) and the effect of the proposed floodwall on the health, safety and welfare of the community, the consistency with the Comprehensive Plan, and compliance with the intent of the Zoning Ordinance; and WHEREAS, the Council has determined that the construction of the floodwall will not be detrimental to the health, safety, or welfare of the community, and that the request is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan; and WHEREAS, the contents of Planning Case File 16 -15 -CUP are hereby entered into and made part of the public hearing record and record of decision for this case; and WHEREAS, the site is developed, used, and maintained in conformance with Official Exhibits, required permits are obtained prior to construction, the sequencing schedule for the floodwall and wetland compensatory storage completion is followed, and documentation certifying that the floodwall is in accordance with state building code. NOW THEREFORE, BE IT RESOLVED THAT, the St. Louis Park City Council hereby approves a Conditional Use Permit for Park Nicollet Health Services to construct a floodwall and export more than 400 cubic yards of soil at 6500 Excelsior Blvd within the Floodplain Overlay District, subject to the following conditions: 1) The site shall be developed, used and maintained in conformance with the Official Exhibits. 2) Prior to starting construction the following: a. The assent form and official exhibits must be signed by applicant and/or owner. b. A preconstruction meeting shall be held with the appropriate development, construction, private utility, and City representatives. c. All necessary permits shall be obtained, including but not limited to: i. NPDES Grading/Construction Permit ii. City of St. Louis Park Building, Sewer and Water, and Erosion Control Permits iii. MnDNR Protected Waters Permit iv. Minnehaha Creek Watershed District Approval 3) The Applicant shall follow the sequencing schedule for the floodwall and wetland f compensatory storage completion. 4) Documentation certifying that the floodwall is in accordance with state building code. 5) 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. kesolution No..16-079 -2- 6) This permit shall be revoked and cancelled if the structure for which the conditional use permit is granted is removed. The City Cl k is instructed to record certified copies of this resolution in the Office of the Hennepin ou ty Register of Deeds or Registrar of Titles as the case may be. Council June 20, 2016 Thomas R"IIarmenina\Citv?Glanaaer /Jake Attest: r Meliss Kemiedy, City lerk Resolution No. 16-079 -3- f "EXHIBIT A" LEGAL DESCRIPTION Par 1: That part of the Northeast Quarter of the Northeast Quarter of Section 20, Township 117, Range 21, described as follows: Commencing at the Southeast corner of said Northeast Quarter of Northeast Quarter, thence North to a point 90 feet South of the South line of Calhoun Street, thence West parallel with the South line of Calhoun Street and the same extended, to a point 111 feet West of the East line of Section 20, the actual point of begimling of the land to be described; thence continuing West on said parallel line to the West line of Mount St., extended; thence North along said line and the West line of Mound St. 202.5 feet; thence West parallel with the extension of the South line of Calhoun St., 644.9 feet to the Southeasterly line of right of way of the Chicago, Milwaukee and St. Paul Railway Co.; thence Southwesterly along said right of way line to the West line of the Northeast Quarter of the Northeast Quarter of said Section; thence South to the Southwest Corner of the Northeast Quarter of the Northeast Quarter; thence East along the South line of said Northeast Quarter of Northeast Quarter of said Section to the point of intersection with a line running parallel with the East line of said Section from the actual point of begimling; thence North along said parallel line to the actual point of beginning. Par 2: The Southeast Quarter of the Northeast Quarter that part of the North 1/2 of the Southeast Quarter which lies North of the center line of Excelsior Boulevard, Section 20, Township 117, Range 21 excepting there from that part which lies East of a line described as follows: Commencing at a point on the East line of said Section 90 feet South of the South line of Calhoun Street; thence West parallel with the South line of Calhoun Street and the same extended to a point 111 feet West of the East line of said Section the actual point of beginning of the line to be described; thence South parallel with the East line of Section 20 to the center line of Excelsior Boulevard and except that part lying Southerly and Westerly of a line drawn from a point in the West line of the Southeast Quarter of the Northeast Quarter distant 425 feet South of the Northwest corner thereof to a point in the South line of said Southeast Quarter of the Northeast Quarter distant 480 feet West of the Southeast corner thereof, thence along said line projected Southeasterly to the intersection with a line drawn 411 feet West of, measured at a right angle to and parallel with the East line of the North 1/2 of the Southeast Quarter; thence South along last said parallel line to the center line of Excelsior Boulevard and there terminating. Subject to a power line easement over a strip of land 35 feet in width as set forth in the record, Book 1045 of Deeds, page 41, the center line of which strip was described as follows, to wit: Beginning at a point 17 1/2 feet West of the Southeast corner of said Section 20, thence North parallel to East section line and equidistant therefrom to the South line of Excelsior Boulevard sometimes called Hopkins Road; thence Northwesterly to a point on the North line of said Excelsior Boulevard 128 1/2 feet West of said East section line; thence North and parallel to said section line to a point 128 1/2 feet West of said Section line and 14 feet South of the South line of said Lot 14, Block 78, in the Village of St. Louis Park all as shown by plat on file herein of which a certified copy shall be filed with the Registrar of Titles.