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HomeMy WebLinkAbout06-04-16 • RESOLUTION NO. 06 -04 -16 CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT THE REQUEST BY TIM NOLDE, REPRESENTING ANCHOBAYPRO INC., VALLEY SENIOR SERVICES ALLIANCE, AND C.S.M. EQUITIES LLC FOR A CONDITIONAL USE PERMIT TO STOCKPILE TOP SOIL AND GRANULAR MATERIAL WITHIN THAT AREA KNOWN AS OAKGREEN VILLAGE, WEST OF OAKGREEN AVENUE AND NORTH OF 58 STREET BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Tim Nolde, representing Anchobaypro Inc., Valley Senior Services Alliance, and C.S.M. Equities LLC for a conditional use permit to stockpile top soil and granular material within that area known as Oakgreen Village, west of Oakgreen Avenue and north of 58 Street; and after having • conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended that the request be approved with conditions. The City Council makes the following findings of fact and resolution: follows, to wit: 1. The real property affected by said application is legally described as and SEE ATTACHMENT A 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: and SEE ATTACHMENT B 3. The subject property is zoned B -4, Limited Business District. A conditional use permit is required for any mining or stockpiling of more than 50 cubic yards of material; and 4. City staff prepared a planning report dated March 3, 2006 reviewing the request for the conditional use permit; and 5. The March 3, 2006 planning report recommended approval of the • conditional use permit subject to the fulfillment of conditions; and 6. The Planning Commission held a public hearing at their March 9, 2006 meeting, took comments from the applicants and public, closed the public hearing, and recommended that the application be approved with conditions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE FOLLOWING: A. The application submitted by Tim Nolde, representing Anchobaypro Inc., Valley Senior Services Alliance, and C.S.M. Equities LLC for a conditional use permit to stockpile top soil and granular material within that area known as Oakgreen Village, west of Oakgreen Avenue and north of 58 Street and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby approved by the City Council of the City of Oak Park Heights subject to the following conditions: 1. The fill material, upon its placement, shall be immediately surrounded by silt fencing as proposed in the plans submitted as part of this application. The City must be notified that the silt fencing is in place and must first inspect and approve silt fencing prior to the initiation of fill placement or any other excavation. 2. The fill material shall be explicitly limited to those areas and elevations as approved by the City Council. Any variance from the plan shall be approved in writing by the City Engineer. 3. The plans shall be subject to review and approval of the City Engineer. Any catch basin and stormwater improvements, as may be required by the City Engineer, shall be installed by the applicant for compliance with this conditional use permit. 4. The fill shall be moved and final graded within 30 days following commencement of activity at either site. Seeding and landscaping shall be completed within 45 days from commencement of fill activity at either site. A landscape plan and specifications for seeding shall be provided by the applicant and approved by the City prior to the movement of any fill material onto the site. 5. The applicant shall provide a dust containment plan, prior to the movement of any fill material onto the site, subject to review and approval of the City Engineer and /or Public Works Director. 2 • 6. The applicant shall provide a security in the form of a letter of credit in the amount of $20,000 for completion of all conditional use permit conditions within one year of City Council approval and subject to the approval of the City Engineer. 7. The drainage plan shall be revised, subject to review and approval of the City Engineer, to incorporate changes so as to eliminate runoff onto Oakgreen Avenue and Pondview Condominiums properties. 8. The applicant shall secure a licensed environmental specialist, subject to the approval of the City Engineer, to be on site at all times during fill excavation and placement to ensure that there are not findings of inappropriate buried material or containments. Should any inappropriate materials be found during excavation, all work shall cease and the City shall be immediately otified. Upon completion of excavation, the specialist will provide Y p P p written comments to the City that no inappropriate, inconsistent or hazardous materials were found. 9. The a pp comply applicant must with the requirements, comments and recommendations p Y re q provided by the Middle St. Croix Watershed Management Organization in their April 5, 2006 review letter. 10. Fill material is only to be generated from sites within the Oak Park Commons Plat area (i.e., CSM, Lowe's, and Oakgreen Village). No other fill material may be placed at the site(s). • 11. If the ermit holder utilizes City streets to transport the fill materials the holder shall p Y p keep same clean of debris and dirt during this permit term. The City Administrator will require street cleaning at permit holder's expense if streets are not kept clear of dirt and debris. 12. This permit shall terminate effective September 30, 2006. Approved by the City Council of the eights this 11th day of April 2006. , AT ST c R. o nson, City Administrator 3 . S . ATTACHMEW 'A Folz, Freeman, Erickso .Iris. 100 " LAND PLANNING + SURVEYING ENGINEERING * ** LOCATION TO BE DETERMINED FROM FOLLOWING LEGAL AREA DESCRIBED * ** Oak en Village Preliminary Plat - Legal Deseriptzoj'a (Legal Description of Property Surveyed Taken by Boundary Survey of Kurth Surveying, Inc. 7anuary 31, 2002.) All of the North Half of the Southeast Quarter of the Northeast Quarter of Section 5. Township 29. Range 20. Washington County Minnesota, except the following: All that part of the North Half of the Southeast Quarter of the Northeast QVarter of Section Township 29. Range 20: described as follows: Commencing at the Southeast corner of said North Half of the Southeast Quarter of the Northeast Quarter: thence North along the East line thereof 560 feet to the point,of beginning of this description: thence Westerly at right angles to the last described line 200 feet to a point: thence North and parallel with the East line of the Southeast Quarter of the Northeast Quarter. 100 feet to a point on the North line of said Southeast • Quarter of the Northeast Quarter: thence East along said North line 200 feet to the . East line of said Southeast Quarter of the Northeast Quarter: thence South along said East line 100 feet to the point of beginning of this description. And except: That part of the North Half of the Southeast Quarter of the Northeast Quarter described as follows: Commencing at the Southeast comer of said North: Half of the Southeast Quarter of the Northeast Quarter: thence north along Bast line thereof, 182 feet to the point of beginning of this description: thence continue Northerly . along said East line 218 feet to a point: thence West and perpendicular to last described line 200 feet to a point: thence South and parallel with the East line of said Southeast Quarter of the Northeast Quarter 218 feet to a point: thence East and perpendicular to last described line 200 feet to the point of beginning. Together with: Tracts A. and B. Registered Land Survey No. 114 Also together with: That part of the Northeast Quarter of the Northeast Quarter described as follows: Beginning at a point on the East line of the said Northeast Quarter of the Northeast Quarter. 472 feet North of the Southeast corer thereof: thence West on a line parallel with the South line thereof 275 feet to a point: thence North on a line parallel with the East line thereof 110 feet to a paint. thence East on a hue parallel with the South line thereof. 275 feet to a point the East line thereof: thence South on the East line thereof 110 feet to the point of beginning, Also together with: That part of the Northeast Quarter of the Northeast Quarter of Section 5. Township 29%. Range 20, Washington County, Minnesota described as follows: B bginning at a point on the east line of said Northeast Quarter o the Northeast Quarter, 242.00 feet north of the southeast comer thereof. thence west on a 'line parallel with the south line thereof. 150.00 feet to a point: thence north on a line parallel with the east line thereof. 115.00 to a point: thence east on a line parallel with the south line thereof. 150.00 feet to a point on the east line thereof: thence south on• the easfi line thereof. 115.00 feet to the point of beginning. Also together with; That part of the Northeast Quarter of the Northeast Quarter of Section. 5. Township 29. Range 20. Washington County, Minnesota described as follows: Beginning at a point 242.00 feet north of the south line of said Northeast Quarter of the Northeast Quarter. and 150.00 feet west of the east Line of said Northeast Quarter of the Northeast Quarter: thence west on a line parallel4ith the south line of said Northeast. Quarter of the Northeast Quarter. 125.00 feet to a point: thence north on a line parallel to the east line thereof. 115.00 feet to a point: thence east on a line parallel with the south line thereof. 125.00 feet to a point: thence south on a line parallel with the east line thereof 115.00 feet to the point of beginning. • Also together with: That part of the Northeast Quarter of the Northeast Quarter of Section 5. Township 29. Range 20,•Washington County, Mimesota described as follows: Beginning at the southeast comer thereof and run thence west along the south Line thereof. 150,00 feet to a point: thence north on a line parallel with the east Line thereof. 80.00 feet to a point: thence East on a line parallel with the south line thereof. 150.00 feet to a point on the east line thereof: thence south 80.00 ' feet to the point of beginning, Also together with: Ali that part of the Northeast Quarter of the Northeast Quarter described as follows: Beginning at a point on the south line of said Northeast Quarter of the Northeast Quarter. 385 feet to West of the South East corner thereof: thence North on a line parallel with the East line thereof. 1 80 feet to a point: thence East on a line parallel with South line thereof. 225 feet to a point: thence South on a line parallel with the East line thereof. 80 feet to the South line thereof. thence West on the South line thereof. 225 feet to the point of be ginnin g. Outlot A, BOUTWELLS LANDING, according to the plat on file and of record in the Office of the County Recorder, Washington County, Minnesota. 2 of 2 ATTACHMENT B tt �, �i. Conditional Use Permit Oakgreen Village Fill Placement in Area Located N. of 59 St. and W. of Oakgreen Ave. Application Materials • Application Form • Fees • Plan Sets (3 Large Scale Sets/20 11X17 Sets) • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County (350'1150' from subject property) • Proof of Ownership or Authorization to Proceed • Property Tax Statement(s) /Legal Description(s) Planning Commission Public Hearing & Recommendation: June 9, 2005 Required Approvals: CUP City Council 4/5 Conditional Use Permit - Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request, the conditional use permit shall become null and void twelve (12) months after the date of approval, unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the conditional use. An application to extend the approval of a conditional use permit shall be submitted to the Zoning Administrator not less than thirty (30) days before the expiration of said approval. (401.03.C.4.a and b)