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HomeMy WebLinkAbout16-026 - ADMIN Resolution - City Council - 2016/02/01RESOLUTION NO. 16-026 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-79 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT EXCAVATION AND FILL OF APPROXIMATELY 35,000 CUBIC YARDS FROM PROPERTY ZONED GENERAL INDUSTRIAL LOCATED AT 7500 AND 7630 EXCELSIOR BOULEVARD BE IT RESOLVED BY the City Council of the City of St. Louis Parke Findings 1. Japs Olson Company 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 excavation and fill within the General Industrial District located at 7500 and 7630 Excelsior Boulevard legally described as follows, to -wit: Lot 1, Block 1, Japs Olson Addition 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 15 -48 -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 causeserioustraffic 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 -48 -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 and fill of approximately 35,000 cubic yards of materials at the location described is granted based on the findings set forth above and subject to the following conditions: 1. Prior to issuance of a land disturbing activities: a. All necessary permits must be obtained, including from the Minriehaha Creek Watershed District (MCWD). b. A financial guarantee shall be submitted to ensure the streets are kept clear and to repair sidewalks, curbs, streets, and other public facilities that are damaged resulting from the grading and/or hauling activities. 2. All trucks used for excavation and removal of materials shall abide by the approved haul route which is attached as Exhibit "A". 3. The site shall be kept free of dust and debris that could blow onto neighboring properties. 4. Public streets shall be maintained free of dirt and shall be cleaned as necessary. 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. 16-026 -2- 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. proval of a Building Permit, which may impose additional requirements. The ity Jerk 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. Council February 1, 2016 City Manager i Attest: A/ Me is a Kennedy, City Clerk Existing Certs 1425438 Doc No T05367572 Certified, filed and/or recorded on Jul 25, 2016 4:30 PM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 120 Rt5• 06. i 1 -oa-& Pkg ID 1423997M Document Recording Fee' $46.00 Document Total $46.00 RECEIVE® AUG 1 i 2016 OF THE CITY This cover sheet is now a permanent part of the recorded document. V� 14asN3,S CITY OF Administration Office LIP(A T. LOUIS 5005 Minnetonka Boulevard RK St. Louis Park MN 55416 (952) 928-2840 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss CITYOF 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 l Resolution No. 16-026 adopted February 1, 2016 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. q<" / VU� Kay Mid ra Acting City Clerk COp- SEAL: `z Date: March 15, 2016 RESOLUTION NO. 16-026 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-79 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT EXCAVATION AND FILL OF APPROXIMATELY 35,000 CUBIC YARDS FROM PROPERTY ZONED GENERAL INDUSTRIAL LOCATED AT 7500 AND 7630 EXCELSIOR BOULEVARD BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. Japs Olson Company 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 excavation and fill within the General Industrial District located at 7500 and 7630 Excelsior Boulevard legally described as follows, to -wit: Lot 1, Block 1, Japs Olson Addition 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 15 -48 -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 -48 -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 and fill of approximately 35,000 cubic yards of materials at the location described is granted based on the findings set forth above and subject to the following conditions: 1. Prior to issuance of a land disturbing activities: a. All necessary permits must be obtained, including from the Minnehaha Creek Watershed District (MCWD). b. A financial guarantee shall be submitted to ensure the streets are kept clear and to repair sidewalks, curbs, streets, and other public facilities that are damaged resulting from the grading and/or hauling activities. 2. All trucks used for excavation and removal of materials shall abide by the approved haul route which is attached as Exhibit "A". 3. The site shall be kept free of dust and debris that could blow onto neighboring properties. 4. Public streets shall be maintained free of dirt and shall be cleaned as necessary. 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.