HomeMy WebLinkAboutCity Council Resolution 2004-428CITY OF PLYMOUTH
RESOLUTION 2004-428
REVISING RESOLUTION 2004-177 APPROVING REQUEST FOR AN INTERIM USE
PERMIT FOR DSU, INC. FOR GRADING TO CREATE A BERM ON PROPERTY
LOCATED EAST OF COUNTY ROAD 101 AT 54TH AVENUE NORTH (2004014)
WHEREAS, DSU, Inc. has requested an interim use permit for property located east of County
Road 101 at 54"' Avenue North, legally described as follows:
The west half of the southwest quarter of Section 6, Township 118, Range 22, Hennepin
County, Minnesota.
Outlot D, WILD MEADOWS, Hennepin county, Minnesota, according to the record plat
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 DSU, Inc.
for an interim use permit for grading to create berms on property located east of County Road
101 at 54"' Avenue North, subject to the following findings and conditions:
1. This interim use permit is approved to allow grading and creation of berms, in accordance
with the application and plans received by the City on March 19, 2004 and February 17,
2004, based on the findings that the applicable general and measurable standards as listed in
the Zoning Ordinance have been met, except as amended in this resolution.
2. The applicant shall complete all grading and site restoration, except for planting the trees,
shrubs and perennials, I by six mewhs f a the appfaval of the iWei:use pefmit by the C4t-y
Catin it April 27, 2005. The applicant shall plant the trees, shrubs and perennials after the
berms settle for approximately one year.
Resolution 2004-428
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3. All disturbed and reclaimed areas shall be seeded/restored in compliance with the Zoning
Ordinance and with the approved plans. The bermed area and other disturbed areas are
permitted to be seeded as indicated on the plans.
4. Prior to issuance of a grading permit, the applicant shall obtain approval of the Elm Creek
Watershed and submit proof of such approval with the grading permit application.
5. Prior to the the issuance of a grading permit, the applicant shall submit a letter from
Metropolitan Council Environmental Services in which they approve the grading work on
their sanitary sewer easement.
6. Prior to issuance of a grading permit, the applicant shall revise the plans for the southern
excavation area to include a 10:1 bench extending 10 feet into the water from the normal
water elevation. Slopes above and below the bench must not exceed 3:1.
7. Prior to the issuance of a grading permit, the applicant shall submit maps that show drainage
before and after grading operations.
8. Prior to issuance of a grading permit, the applicant shall clearly label the right-of-way for
County Road 101 on the grading plans and stake the right-of-way adjacent to the subject
property.
9. Prior to issuance of a grading permit, the applicant shall revise the plans to 1) show the
delineated wetlands on the grading plans; 2) schedule a spring follow-up visit to determine if
a small wetland is present on the south side of the property; 3) revise the limits of the
grading operation (if necessary) to protect the wetland(s); and 4) provide protective silt
fencing around the wetland basin(s) until the grading activities are complete and the
surrounding area restored.
10. The stockpile area shall be graded to the original contours after the berms is constricted.
11. Any retaining walls greater than four feet in height shall have fences constricted on top. No
retaining walls greater than four feet in height shall be constricted without the approval of
building permits.
12. The permit is subject to all applicable codes, regulations and ordinances, and violation
thereof shall be grounds for revocation.
13. The applicant shall comply with the Section 2025 of City Code, and the hours of operation
shall be between the hours of 7 am to 7 pm, Monday through Friday and 8 am to 6 pm on
Saturday.
14. After grading is complete, the applicant shall install gates across the temporary access areas
or fill the access areas with boulders to prevent unwanted trespass and/or illegal dumping.
Resolution 2004-428
(2004014)
Page 3
15. Development of the property may require removal of the berm and landscaping at the
property owner's expense.
Adopted by the City Council October 12, 2004.
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 12, 2004 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