HomeMy WebLinkAboutResolution 2012-57 CUP 9242 Hudon BlvdWIWI! NO- IN
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A RESOL UTIONAPPROVING A CONDITIONAL USE PERMIT TO ALLOW THE GRADING
AND EXCAVATING OF OVER 400 CUBIC YARDS OF MATERIAL PER ACRE AT
9242 HUDSON BOULEVARD NORTH
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, Joe Heinen of Gatsby Investors 1, LLC, 595 Lake Ridge Drive, Shoreview,
MN 55126 (the "Applicant") has submitted an application to the City of Lake Elmo (the "City")
for a Conditional Use Permit to conduct a substantial grading project at 9242 Hudson Boulevard
North that will involve the moving of over 400 cubic yards of material per acre on the site, a
copy of which is on file with the City; and
WHEREAS, notice has been published, mailed and posted pursuant to the Lake Elmo
Zoning Ordinance, Section 154.018; and
WHEREAS, the Lake Elmo Planning Commission held a public bearing on said matter
on September 10, 2012 and further reviewed said application at its October 22, 2012 meeting;
and
WHEREAS, the Lake Elmo Planning Commission has submitted its report and
recommendation to the City Council as part of a Staff Memorandum dated November 7, 2012;
and
WHEREAS, the City Council considered said matter at its November 7, 2012 meeting.
NOW, THEREFORE, based on the testimony elicited and information received, the
City Council makes the following:
1) That the procedures for obtaining said Conditional Use Permit (CUP) are found in the
Lake Elmo Zoning Ordinance, Section 154.018.
2) That the procedures for obtaining a grading and excavating permit are found in the Lake
Elmo Zoning Ordinance, Section 151.017.
3) That all the submission requirements of said 151.017 have been met by the Applicant.
4) That the proposed permit is to conduct a substantial grading project at 9242 Hudson
Boulevard North that will involve the moving of over 400 cubic yards of material per
acre on the site.
5) That the proposed permit will be located on property legally described as follows and
commonly known as 9242 Hudson Boulevard North:
The South 675 feet of the West 333 feet of the East Half of the Southwest Quarter of Section 34,
Township 29, Range 21, Washington County, Minnesota.
TOGETHER WITH
That part of Southeast Quarter of the Southwest Quarter of Section 34, Township 29, Range 21,
Washington County, Minnesota, described as follows:
Beginning at the southwest corner of said Southeast Quarter of the Southwest Quarter;
thence North 00 degrees 02 minutes 55 seconds East, assumed bearing along the west
line of said Southeast Quarter of the Southwest Quarter, a distance of 1318.69 feet to the
northwest corner of said Southeast Quarter of the Southwest Quarter; thence North 89
degrees 55 minutes 22 seconds East, along the north line of said Southeast Quarter of the
Southwest Quarter, a distance of 173.46 feet; thence South 16 degrees 08 minutes 55
seconds East a distance of 750.83 feet; thence North 89 degrees 57 minutes 05 seconds
West a distance of 49.90 feet to the east line of the West 333 feet of the East Half of the
Southwest Quarter of said Section 34; thence South 00 degrees 02 minutes 55 seconds
West, along said east line, a distance of 597.17 feet to the south line of said Southeast
Quarter of the Southwest Quarter; thence South 89 degrees 53 minutes 57 seconds, along
said south line, a distance of 333.00 feet to the point of beginning.
EXCEPT the South 675 feet of the West 333 feet of the East Half of the Southwest Quarter of
Section 34, Township 29, Range 21, Washington County, Minnesota. All in Washington County,
State of Minnesota. PID Number: 02-029-21-21-0003
6) That the proposed grading and excavating plans have been reviewed for consistency with
the grading permit standards found in Section 151.017.
7) That the proposed grading and excavating plans are in compliance with said grading
permit standards provided certain conditions of approval are met by the Applicant.
8) That the proposed grading and excavating project will not negatively affect the health,
safety, morals, convenience, or general welfare of surrounding lands.
9) The proposed grading and excavating project will not affect traffic or parking conditions.
10) The proposed grading and excavating project will not have an effect on utility or school
capacities.
11) The proposed grading and excavating project would have no effect on property values of
surrounding lands.
Based on the foregoing, the Applicants' application for a Conditional Use Permit is granted
subject to the following conditions:
1) Written approval from the easement holder of the gas line that crosses the property must
be obtained from this entity before any grading work may commence on the site.
2) The applicant shall submit a landscape plan for review and approval by the Planning
Director prior to the commencement of any grading or filling activity on the site. The
landscape plan must include a total number of trees equal to at least 50% of the number
that presently exist on the site and as documented on the provided tree protection plan.
All replacement trees shall not be not less than 1.5 inch in caliper measured at 54 inches
above grade level.
3) All customer access to the ski hill shall be through the retail sales building and shall
avoid impacting the drain field area. The ski hill may only be in operation during times
when the retail sales building is open for business.
4) The applicant will need to secure a permit from the South Washington Watershed District
(SWWD) prior to commencing any grading or filling activity on the site. Any
modifications to the approved plans that result from the SWWD review must be reviewed
and approved by the City Engineer.
5) The grading and filling activity must not disturb the existing drain field on the site. The
applicant will need to provide temporary fencing to protect this area prior to and during
construction and must further limit the extent of any grading and filling so that it does not
negatively impact the operation or capacity of the on-site treatment system
b) The applicant must provide for long-term protection of the drain field once the grading
and filling activity has been completed in accordance the plans. This permanent
protection may take the form of fencing or another mechanism approved by the Planning
Director.
7) All easements as required by the City Engineer pertaining the pond and public access to
the pond shall be provided prior to the commencement of any grading or filling activity
on the site. The easement providing access to the pond shall be a minimum of 15 feet in
width.
8) The grading of the pond area shall comply with all applicable City requirements, and any
modifications needed to obtain compliance shall be reviewed and approved by the City
Engineer.
9) Any lighting used on or around the ski hill must comply with applicable City lighting
requirements. No lighting on the skill hill is allowed after 9:00 p.m. or after the retail
sales business is closed, whichever is earlier.
10) The applicant shall demonstrate to the satisfaction of the Planning Director and City
Engineer that adequate measures have been taken to prevent accidental access to the
storm water pond area.
11) All other requirements as specified by the City Engineer in the October 17, 2012 review
letter must be met by the applicant prior to the start of any activity associated with the
submitted plans.
12) Any noise generated from activities on or around the ski hill shall fall under the levels
allowed under the City's nuisance ordinances.
Passed and duly adopted. this 7"' day of November 2012 by the City Council of the City of Lake
Elmo, Minnesota.
ATTEST:
Adam Bell
Deputy City Clerk