HomeMy WebLinkAbout2006-04-11 CC Resolution #06-04-16RESOLUTION NO. 06-04-1 6
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 Anehobaypr o 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 Oak green 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:
1. The real property affected by said application is legally described as
follows, to wit:
SEE ATTACHMENT A
and
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
PP
$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 P
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
PP
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 ro riate 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.
9. The applicant must comply with the requirements, comments and recommendations
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 permit holder utilizes City streets to transport the fill materials, the holder shall
kee p 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.
2006.
Approved by the City Council of the City of 0
AT. ST.
o rson, City Administrator
Davi : eaudet, Mayor
3
rk Heights this 11th day of April
ATTA
Foiz Fre' email, Eri cksQfl,
LAND PLANNING i SURVEYG t ENGI EERINP
* LOCATION T BE DETERMINED FROM FOLLOWING LEGAL AREA DESCRIBED
.......___.....w.v...,....._ ...�..... � ...... ,....... �.� ... _ ... _........_ �....
bakgi:een Village Preliminary Nal -- Legal Description
(Legal. Desc-r,paarx of Property Surveyed Taken. by )3 oufdary Survey of Kurth Surveying, Inc. Yauuary 31, 2002.)
the .east Quarter of the Northeast Quarter of Section 5.
An of the North Half of �.� � y
Washington: County Minnesota, except the follown.g:
Township 29. Range ��; t Qiarter of
orth HIf of the S o s beast Qaaiter of the Northeast
that part o � the �
Towns 29, Range 20. descdhed as fel .o 's: Commencing
at the
ect ° �' S. Township of Northeast
Southeast °puler of said North Half of the Southeast , ,
you ,
h along the East hne thereof 560 feet to the point,of b eginn n.g
Quarter: fence North g "fed line 200 feet
thence Westerly at light angles to the last des
of this ctescx�ptton. �' � the Southeast Quwter of
e o� and parallel - with the Bast line of th S
to a point: thence � p � aid Southeast
. 10 0 feet to a point an thNpxth line of the 'o�ast Quarter said North �.n.e 200 feet to the the Northeast Quarter: thence East a1.a .g sa.a
Quarter of the thence South along
� o f s ald Southeast Quarter o f the Northeast .
East ,
e 100 feet to the point of beginning of this c escriptiou,
said East �.� p
Anal except`
the off. Sail of the Southeast Quarter of the o east Quer
That part o f �. � said North Half of
lows: ox .n-g at the Southeast corner of
described. as follows: � along East line th�reof�
of the N rtheast Quarter; t a.ehce north g
the � outheast Quatter (� �J � �-�-�{ �`'�� t thence continue Northerly point o .L beginning o f �s des c 3.p L.7. on e i. L.l y
l�� feet to th p and perpendicular to last
said East line 218 feet to a point: thence West an p ,
along and ara�.e�. with the Bast tine of
soribed �e 200 feet to a point: thence South. p
de
said Southeast Quarter of the Northeast Quarter 218 feet to a point: thence East and
perpendicular to last d
' escrbed line 200 feet to the point of beginning, .
Together with{
Tracts A.
and B. Registered Land Survey No, 114
Also together with: as follows:
` east Quarter oft e or described mat p art of t�h.e �'art�. Northeast Quarter
Beginning at a po , .
' the line of the s aid Northeast Quarter of the Northeast
de Southeast co rnier th ereof: thence West on a line
Quarter. 472 feet North of line
thereof, 275 feet to a pout: thence North on a line
parallel with. the � a�at�. �n.e th. line �� l 1 � feet to a point. thence East on a one p ara.l�.el
parallel with the East line th�.'eo �
p �.nt �on the East line thereof: thence South
with i1.h the South line thereof, 275 feet to a o p
on the East line thereof 110 feet to the point of beginning,
Also togeth rwith.; • . .
That part of the Northeast Quarter of the Northeast Quart& of Section. 5. Tow shzp
29'. Range 20, Washington. County, Mi inesota described as follows:.
B egnn .g at a point on the east line of said_ N Quarter of the Northeast
Quarter, 242„00 feet north of the southeast comer thereof. thence west on a
lie para].el with the south line thereof, 150,00 feet to a point; thence north din;
a liTte parallel with the east 1.ini thereof. 115.00 to a point: thence east on a lie
parallel with the south lie thereof 150,00 feet to a point on the east 1. n6
thereof: th.en.ce south on.. tho east . 1iae th.e : eof. 11 5,00 feet to the point of
beginning.
Also together th
`Xhat p art of the Northeast Quarter of the Northeast Quarter of S ection: 5. Township
29, age 20. Washington County, Minnesota des crih ed as follows
Beginning at a point 242,00 feet north of the south line of said Northeast
Quarter of th.,e Northeast Quarter and 150,00 feet west of the east line of said
'Northeast Quarter of the Northeast Quarter: thence west on a line p araI1el. nth
the south tae 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 oint: thence east on a line parallel with the south. line thereof. 125,00 feet to
p a .. line hereof 115,00 feet to
a point: thence south. ❑ � a h.z�e p arall el with the east line t
the point of beginning,
Also together with.: .
iovimship
That p, art of the Northeast Quarter of the ortheast Quarter of Section. 5.
,
29, Range 20,'washington County, Ivannesata cleicribed. as follows:
Beginning at the southeast comer thereof and run thence west along tine south
Line thereof 150,00 feet to a point thence north on a line parallel with the east
line thereof. 50,00 feet to a p oint: thence East on. a line parallel with the south.
line thereof 150.00 feet to a point on the east line thereof: thence south. 50,00
feet to the point ofbeginning,
Also together with.: '
Al. that part of the Northeast Quarter of the Northeast Quarter described as
follows: Beginning at a point on the south line of said Northeast Quxter of
the Northeast Quarter, 3 85 feet to West of the South. East bonier thereof:
thence North on a line parallel, with the Bast line thereof. 80 feet to a point:
thence Bast on a line parallel with South line thereof. 225 feat to a point_
thence South on aline paraliel 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 BOUTWELLS LANDING, according to the plat on file an of record in the
Once of the County Recorder, Washington County, Minnesota,
2of2
Required Approvals: CUP
City Council 415
ATTACHMENT B
Conditional Use Permit
Oakgreen Village
Fill Placement nt in Area Located N. of 59 St, and W. of Oakgreerl Ave.
Application Materials
O Application Form
e Fees
O Plan Sets (3 Large scale Sets/20 11X17 Sets)
p
• Written Narrative and Graphic Materials Explaining Proposal
O Mailing List from Washington County (3501150' from subject property)
• Proof of Ownership or Authorization to Proceed
e Property Tax statements )/Legal Description(s)
p Y
Planning Commission Public Hearing & Recommendation: June 9, 2005
Conditional use Permit K Lapse of Approval:
' specifically approves a different time when action is officially
Unless the City Council p y pp e (12) ditional use ermt shall become null and void twely
taken on the request, the conditional p
to of approval, unless the property owner or applicant has
months after the date pp � � alteration, or
the conditional use. An application to extend the approval the construction of any building, structure, addition or altera
substantially staved �' of a
t l
use requested as part of h
Conditional use permit shall l be submitted to the Zoning Administrator not less than thirty
(30) days before the expiration of said approval. (401 .03C.4a and b)
r e ex p