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HomeMy WebLinkAboutCity Council Resolution 2009-247CITY OF PLYMOUTH RESOLUTION No. 2009-247 A RESOLUTION APPROVING TWO COMPREHENSIVE PLAN AMENDMENTS FOR CENTEX FOR "ELM CREEK HIGHLANDS" FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF PEONY LANE AND SCHMIDT LAKE ROAD (2009046) WHEREAS, Centex has requested 1) an adjustment of the boundaries between the areas guided LA -2 (living area 2) and P -I (public/semi-public/institutional) for the roughly 80 -acre parcel located at the northeast corner of the intersection of the Peony Lane and Schmidt Lake Road and 2) an amendment to Figure 8-2 in the 2030 Water Distribution Plan; and WHEREAS, the property affected by the amendment is presently legally described as follows: The east 1/2 (one-half) of the Northeast quarter (NE '/4) of Section 7, Township 118, Range 22, Hennepin County, MN; WHEREAS, the areas guided LA -2 and P -I would be adjusted as described below: The area guided P -L That part of the East One Half of the Northeast Quarter (NE '/4) of Section 7, Township 118, Range 22, Hennepin County, Minnesota lying northerly of the following described line: Commencing at the southeast corner of the Northeast Quarter of said Section 7; thence North 00 degrees 20 minutes 49 seconds East 508.30 feet to point of beginning of said line; thence North 89 degrees 39 minutes 18 seconds West 98.51 feet; thence North 02 degrees 49 minutes 04 seconds West 57.31 feet; thence North 67 degrees 59 minutes 35 seconds West 147.98 feet; thence North 54 degrees 24 minutes 41 seconds West 107.61 feet; thence North 36 degrees 37 minutes 01 seconds West 117.24 feet; thence North 41 degrees 20 minutes 41 seconds West 89.53 feet; thence North 73 degrees 03 minutes 51 seconds West 89.29 feet; thence North 86 degrees 19 minutes 22 seconds West 91.66 feet; thence North 69 degrees 08 minutes 56 seconds West 74.52 feet; thence North 09 degrees 46 minutes 05 seconds West 153.34 feet; thence North 00 degrees 13 minutes 46 seconds West 133.33 feet; thence North 52 degrees 00 minutes 55 seconds West 283.18 feet; thence South 72 degrees 20 minutes 38 seconds West 305.08 feet; thence North 89 degrees 31 minutes 38 seconds West 60.00 feet to the west line of the East One Half of the Northeast Quarter (NE '/4) of said Section 7 and there terminating. The area guided LA -2: That part of the East One Half of the Northeast Quarter (NE '/4) of Section 7, Township 118, Range 22, Hennepin County, Minnesota lying southerly of the following described line: Resolution 2009-247 (2009046) Page 2 Commencing at the southeast corner of the Northeast Quarter of said Section 7; thence North 00 degrees 20 minutes 49 seconds East 508.30 feet to point of beginning of said line; thence North 89 degrees 39 minutes 18 seconds West 98.51 feet; thence North 02 degrees 49 minutes 04 seconds West 57.31 feet; thence North 67 degrees 59 minutes 35 seconds West 147.98 feet; thence North 54 degrees 24 minutes 41 seconds West 107.61 feet; thence North 36 degrees 37 minutes 01 seconds West 117.24 feet; thence North 41 degrees 20 minutes 41 seconds West 89.53 feet; thence North 73 degrees 03 minutes 51 seconds West 89.29 feet; thence North 86 degrees 19 minutes 22 seconds West 91.66 feet; thence North 69 degrees 08 minutes 56 seconds West 74.52 feet; thence North 09 degrees 46 minutes 05 seconds West 153.34 feet; thence North 00 degrees 13 minutes 46 seconds West 133.33 feet; thence North 52 degrees 00 minutes 55 seconds West 283.18 feet; thence South 72 degrees 20 minutes 38 seconds West 305.08 feet; thence North 89 degrees 31 minutes 38 seconds West 60.00 feet to the west line of the East One Half of the Northeast Quarter (NE '/4) of said Section 7 and there terminating. WHEREAS, the reguiding would be consistent with the dedication of the proposed P -I area to the City for the Northwest Greenway; and WHEREAS, the amendment to Figure 8-2 in the 2030 Water Distribution Plan would increase the size of a proposed trunk main from eight to 12 inches for the main to be located '/z mile north of the subject property and remove a proposed 12 -inch trunk main to be located on the north boundary of the subject property; and WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing and recommends approval. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by Centex for 1) an adjustment of the boundaries between the areas guided LA -2 and P -I for the subject property and 2) an amendment to the 2030 Water Distribution Plan, in accordance with the proposed "Elm Creek Highlands" development plan received by the City on August 6, 14, and 20, 2009, and based on the following findings: 1. The guiding adjustment a) is supported by current conditions; b) would not adversely affect land supply or demand; c) has merit beyond the interests of the applicant; d) would not result in negative effects on other comprehensive plan elements; and e) would not result in negative fiscal impacts to the City. 2. The amendment to the Water Distribution Plan would allow the City to provide the necessary water pressure and flow without having to install a trunk water main that would disturb a wetland area. FURTHER, approval of the Comprehensive Plan amendments is contingent upon, and subject to, the required review and response by the Metropolitan Council. Resolution 2009-247 (2009046) Page 3 APPROVED THIS 13TH DAY OF OCTOBER, 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 October 13, 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