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HomeMy WebLinkAboutCity Council Resolution 2006-045CITY OF PLYMOUTH RESOLUTION 2006-045 APPROVING INTERIM USE PERMIT FOR WILLIAM THOMPSON FOR FILLING OPERATIONS AT GLORY OF CHRIST LUTHERAN CHURCH, 4040 COUNTY ROAD 101 (2005146) WHEREAS, William Thompson, on behalf of Glory of Christ Lutheran Church, has requested an interim use permit for property located at 4040 County Road 101, legally described as follows: North Part: That part of the South Quarter of the Southeast Quarter of the Northeast Quarter of Section 18, Township 119 North, Range 22 West of the 5"' Principal Meridian lying Southwesterly of the Southwesterly line of State Highway No. 55. South Part: That part of the North Half of the Northeast Quarter of the Southeast Quarter of Section 18, Township 118 North, Range 22 West of the 5"' Principal Meridian lying Southwesterly of the Southwesterly line of State Highway No. 55, EXCEPT the South 397.5 feet of the West 723.6 feet of the North Half of the Northeast Quarter of the Southeast Quarter of said Section, and fiirther EXCEPTING the North 160 feet of the South 557.5 feet of the West 193.6 feet of the North Half of the Northeast Quarter of the Southeast Quarter of said Section, according to the United States Government Survey thereof. WHEREAS, the Planning Commission has reviewed said request at a duly called public hearing and recommends approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by William Thompson for an interim use permit for filling at Glory of Christ Lutheran Church, 4040 County Road 101, subject to the following conditions: Resolution 2006-045 (2005146) Page 2 1. This interim use permit is approved to allow placement of roughly 3,428 cubic yards of fill (3,000 cubic yards previously placed and 428 additional cubic yards proposed) in accordance with the application and plans received by the City on December 13, 2005, except as may be amended by this resolution. 2. Glory of Christ Church shall be responsible for all restoration requirements and conditions of this resolution related to Fill Area 1 (located along Highway 55), and CVS Pharmacy shall be responsible for all restoration requirements and conditions of this resolution related to Fill Area 2 (located along the lot line between the Church site and CVS), as shown on the December 13, 2005 plan. 3. The fill shall consist of earthen material and shall not consist of garbage, animal or vegetable refuse, poisons, contaminants, chemicals, decayed material, filth, sewage or similar septic or biologically dangerous material. 4. Compliance with Section 2025 (Noise) of City Code. The hours for filling operations and any related grading shall be limited to between 7:00 AM and 7:00 PM Mondays through Fridays, and between 8:00 AM and 6:00 PM on Saturdays. 5. The applicant shall complete all filling, related grading, and site restoration including seeding to establish a vegetative ground cover within six months from the date of approval of the interim use permit by the City Council. 6. Prior to commencement of the filling operation and related grading, the applicant shall obtain a grading permit from the City. 7. Prior to issuance of a grading permit, the applicant shall revise the plans to indicate the following: a. Slopes shall not exceed 3:1. b. Silt fence shall be installed, as required by the City Engineer. Such silt fencing shall be maintained until vegetative ground cover is established. c. The placement of existing and proposed fill shall not negatively impact drainage. d. All sanitary sewer manholes must be field located and raised to meet final grades, if necessary. 8. Prior to issuance of a grading permit, the applicant shall stake the Highway 55 right-of-way adjacent to the subject property. 9. The permit is subject to all applicable codes, regulations and ordinances, and violation thereof shall be grounds for revocation. ADOPTED by the City Council on January 24, 2006. Resolution 2006-045 (2005146) Page 3 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 January 24, 2006 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