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HomeMy WebLinkAbout18-053 - ADMIN Resolution - City Council - 2018/03/19 (2)RESOLUTION NO. 18-053 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-79(b) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT IMPORT OF FILL FOR PROPERTY ZONED POS -PARKS AND OPEN SPACE ZONING DISTRICT LOCATED AT 3110 XYLON AVENUE SOUTH 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(b) of the St. Louis Park Ordinance Code for the purpose of import of fill within a POS Parks and Open Space Zoning District located at 3110 Xylon Ave South for the legal description as follows, to -wit: In the following described land situated in the County of Hennepin and State of Minnesota: That part of the North V2 of the Southeast'/4 of the Northeast'/4 of Section 18, Township 117, Range 21, lying west of the east 826.24 feet thereof. Also, That part of the Northwest '/4 of the Northeast 1/4 lying east of the Hutchinson Branch of the Great Northern Railway and south of the north 888 feet thereof, in Section 18, Township 117, Range 21, except that portion thereof conveyed to the City of St. Louis Park by conveyance filed March 21St 1957, recorded as Document No. 3057542 in Book 2124 of Deeds, page 253, in the office of the Register of Deeds of Hennepin County, Minnesota. Also, that part of the North %2 of the Southwest'/4 of the Northeast `/4 of Section 18, Township 117, Range 21, lying southeast of the right of way of the Great Northern Railway Company. 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 18 -02 -CUP) and the effect of the proposed import of 17,000 cubic yards of material 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 import of 17,000 cubic yards of material 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 stornwater system is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. 4. The contents of Planning Case File 18 -02 -CUP are hereby entered into and made part of the public hearing record and the record of decision for this case. Resolution No. 18-053 2 Conclusion The Conditional Use Permit to permit import of 17,000 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. a. Exhibit A: Site Development Plans i. Stormwater Pollution Prevention Plan (SWPPP) ii. Existing Conditions, Removals, and Erosion Control Plan iii. Site Plan Layout iv. Grading Plan v. Landscape Restoration Plan vi. Details - Pavement, Field Fencing, Dugout, and Backstop, Miscellaneous vii. Utility and Biofiltration Plan viii. Details —Utilities ix. Irrigation x. Details —Irrigation 2. All required permits shall be obtained prior to starting construction, including but not limited to: a. NPDES Grading/Construction Permit. b. City of St. Louis Park Erosion Control and Building Permits. c. A stormwater management permit from the Minnehaha Creek Watershed District. 3. In addition to other remedies, the developer or owner shall pay an administrative fee of $750 per violation of any condition of this approval 4. 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. 5. Approval of a Building Permit, which may impose additional requirements. Clerk is instructed to record certified copies of this resolution in the Office of the County Register of Deeds or Registrar of Titles as the case may be. by the City Council March 19, 2018 Manager V, AA 1i i Mells S_h._Kenned�,(Giotferk