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HomeMy WebLinkAboutCity Council Resolution 2009-224CITY OF PLYMOUTH RESOLUTION No. 2009-224 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR THREE RIVERS PARK DISTRICT FOR SPECIAL LIGHTING AT THE EAGLE LAKE REGIONAL PARK MINIATURE GOLF COURSE LOCATED AT 11000 COUNTY ROAD 10 (2009049) WHEREAS, Three Rivers Park District has requested approval of a conditional use permit for special lighting at the Eagle Lake Regional Park Miniature Golf Course for property legally described as follows: Outlot A, Bass Creek Business Park. Also, Government Lot 2, Section 1, Township 118, Range 22. Also, the southwest quarter of the northwest quarter of Section 1, Township 118, Range 22. Also, Government Lot 2, Section 2, Township 118, Range 22. All of the above lying in Hennepin County, Minnesota. WHEREAS, the Planning Commission has reviewed said request at a duly called public hearing and recommends approval. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by Three Rivers Park District for a conditional use permit for property located at 11000 County Road 10, subject to the following conditions: A conditional use permit for 19 (250 watt) light fixtures for the Eagle Lake Regional Park Miniature Golf Course is approved, in accordance with the application materials received by the City on August 14, 2009, and revised lighting plan received by the City on September 8, 2009, except as amended by this resolution. 2. The conditional use permit is approved with the finding that all applicable conditional use permit standards are met, as follows: a. the proposed use at this location would comply with the Comprehensive Plan; Resolution 2009-224 (2009049) Page 2 b. the proposed use would not be detrimental to, or endanger the public health, safety, morals, or comfort; c. the proposed use would not be injurious to the surrounding properties or to the City as a whole; d. the proposed use would not impede the orderly development of the district; e. the site is adequately served by public facilities; f. the use would comply with the regulations of the P -I zoning district; and g. the use is consistent with the performance standards outlined in Section 21015.04 of the Zoning Ordinance. 3. Prior to instillation of the lighting, the applicant shall submit verification by a certified lighting professional or registered engineer that the lighting system has received every reasonable effort to mitigate obtrusive light, and that the lighting system will comply with the curfew requirements of Section 21105.06 of the Zoning Ordinance. 4. The light fixtures shall be fully shielded and shall not exceed 18 feet high. 5. The approval is subject to all applicable codes, regulations and ordinances, and violation thereof shall be grounds for revocation. 6. The conditional use permit shall expire one year after the date of approval, unless the property owner or applicant has substantially started constriction of the project, or unless the landowner or applicant has received prior approval from the City to extend the expiration date for up to one additional year, as regulated under Sections 21015.07 of the Zoning Ordinance. ADOPTED this 22nd day of September, 2009. STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS. The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth, Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on September 22, 2009, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this day of City Clerk