HomeMy WebLinkAbout2006-03-09 PC Recommending ResolutionA RESOLUTION ESTABLISHIlvG FINDINGS OF FACT AND
RECOMMENDING TO THE CITY COUNCIL THAT THE
REQUEST BY TIM NOLDE, REPRESENTING ANCHOBAYPRO INC.
AND VALLEY SENIOR SERVICES ALLIANCE, 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
SHOULD BE APPROVED WITH CONDITIONS
WHEREAS, the City of Oak Park Heights has received a request from Tim
Nolde, representing Anchobaypro Inc. and valley Senior Services Alliance, 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 makes the following findings of
fact:
1. The real property affected by said application is legally described as
SEE ATTACHMENT A
2. The applicant has submitted an application and supporting
documentation to the Community Development Department consisting of the following items:
follows, to wit:
and
and
A RECOMMENDING RESOLUTION
OF THE
PLANNING COMMISSION
CITY OF OAK PARK. HEIGHTS
WASHINGTON COUNTY, MINNESOTA
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 made the
following recommendation:
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING
COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE PLANNING
COMMISSION RECOMMENDS THE FOLLOWING:
A. The application submitted by Tim Nolde, representing Anchobaypro Inc. and Valley
Senior Services Alliance, 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 recommended to the City Council of the City of Oak Park Heights for
approval 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.
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.
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.
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 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
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Recommended by the Planning Commission of the City of Oak Park Heights this 9th day
of March 2006.
inappropriate materials be found during excavation, all work shall cease and the City
shall be immediately notified. Upon completion of excavation, the specialist will provide
written comments to the City that no inappropriate, inconsistent or hazardous materials
were found.
ATT
ric A t rnson, City Administrator
Mike Runk, C air
3
ATTACHMENT ,
Foiz Freraan, Ericks9n,
LAND PLANNING 4 SURVEYING + ENGINEERING
*n* LOCATION TO BE DETERMINED FROM FOLLOWING LEGAL AREA DESCRIBED *nn
b akgreen V Prel i m f n ary Plat -- Le Deseription
(Legal Description of Property Surveyed Taken by Boundary Survey of Kurth Surveying, Inc. January 31, 2OO2 )
f the North Half of the Southeast Quarter of the Northeast Quarter of Section 5,
A1.1. ❑
Tom p Range Ran e 20. 'Washington' County Minnesota, except the following:
All t p art of the North Iaf of the Southeast Quarter of the Northeast Quarter of
, hat
S
ection •5. Township 29 Range 20: d °besor�ed as follows: Commencing at the
Southeast corner of said North Half of the Southeast Quarter of the Northeast
S
Quarter: thence North along the East lin.e thereof 560 feet to the point,of beginning
Q
o f p this description: .on: hence Westerly at right angles to the last descnb ed line 200 feet
to a p oint: 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 ljn e 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 at art of the North Sall' of the Southeast Quarter of the Northeast Quarter
dsn. e c 'bed as follows: Comthencing at the Southeast corner of said North, Half of
the S outh.east Quarter of the Northeast Quarter: th.e.ce north along East line thereof, 1 p
�2 feet to the point of beginning of this description: thence continue Northerly
along ion said Bast line 218 feet to a point: thence West and perpendicular to last
described line 200 feet to a p oint: thence South and parallel with the East line of
said. Southeast Quarter ` of the Northeast Quarter 21$ feet to a point: thence East and
perpendicular to last described. lin.e 200 feet to the point of beginning.
Together with:
Tracts A and 13. Registered Land Survey No. 114
Also together with:
That part Quarter rt of the Northeast of the Northeast Quarter described as follows:
Beginning point at a ❑int on the East line of the said Northeast Quarer of the Northeast Quart e r. 472 feet North of the Southeast corner thereof: thence West on a line
parallel with 't the South line thereof 27.5 feet to a point: thence North. on a line
parallel with
the East line thereof 110 feet to a point. thence East on a line parallel
with the S
outh line thereof 275 feet to a pointon the East line thereof: thence South
on the East line thereof 110 feet to the point of beginning, ing,
Also together with: • . , .
, That part of th.e Northeast Quarter of the Northeast Quarter of Section 5. Township
29 Range 20. Washington County Minn,esota described as follows.; .
B le g at a point on the east live of said Iortheast Quarter of the Northeast
Quarter. 242.00 feet north of the southeast corner thereof. thence west on a
line parallel with the south line thereof. 150.00 feet to a point: thence: north an:
a line parallel with the east line' thereof. 1I5:00 to a point: thence east on a Izne
parallel with the south line thereof. 150.00 feet to a point on the east line
thereof: thence south on th east line thereof. ' 1 15.00 feet to the point of
beginning.
Also together vita.:
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 parallel with
the south line of said Northeast, Quarter of the Northeast Quarter. 125.00 feet
to a point: thence north on a live parallel to the east line thereof. 1.15,00 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 S ection 5. Township
29. Range 20,Vaslaangton Comity, Minnesota d.escr bec1 as follows : . .
Eeg nning 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.:
All 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, 3 85 feet to West of the South East corner thereof:
thence North on aline parallel with the East line thereof 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
beginning.
Outlot A., BOUTWELLS LANDING, according to the plat on file and of'record in the
Office of the County Recorder, Washington County, Minnesota.
2 oft
Required Approvals:
City Council
ATTACHMENT B
Conditional Use Permit
oakgreen Village
Fill Placement in Area Located N. of 59 St and W. of Oakgreen Ave.
Application Materials
O Application Form
• Fees
• Plan Sets (3 Large Scale Sets /20 11X17 Sets)
O Written Narrative and Graphic Materials Explaining Proposal
• Mailin g List from Washington County (350')150' from subject property)
• Proof of Ownership or Authorization to Proceed
O Property Tax Statement(s)/Legal Description(s)
Plannin g Commission Public Hearing & Recommendation: June 9, 2005
CUP
4/5
Conditional Use Permit - Lapse of Approval
Unless the City Council specifically approves a different time when action is officially
v
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 p ermit 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)
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