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HomeMy WebLinkAboutCity Council Resolution 2002-387CITY OF PLYMOUTH RESOLUTION 2002-387 APPROVING A SITE PLAN, CONDITIONAL USE PERMIT AND VARIANCE FOR ELM CREEK GOLF FOR PROPERTY LOCATED AT 19010 STATE HIGHWAY 55 (2002075) WHEREAS, Elm Creek Golf has requested approval of a site plan, conditional use permit, and variance to allow constriction of a new clubhouse in the southwest portion of the Elm Creek Golf Course site, for property presently legally described as follows: That part of the Northwest Quarter of the Southwest Quarter of Section 7, Township 118, North Range 22 described as follows: beginning at a point which point is 123.7 feet South of the West Quarter corner of said Section 7; thence South 200 feet to the intersection of the West line of said Section 7 and the Northerly line of State Highway 55; thence Southeasterly along said Northerly line of said State Highway Number 55, 399.4 feet; thence Northeasterly along the extension of the radius of the last described course 92 feet; thence North and parallel to the West line of said Section 7, 250 feet; thence at an angle of 71 degrees 21 minutes left a distance of 402.6 feet to point of beginning. 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 Elm Creek Golf for a site plan, conditional use permit, and variance for property located at 19010 State Highway 55, subject to the following conditions: Resolution 2002-387 (2002075) Page 2 1. A site plan is approved for a clubhouse containing 2,000 square feet above grade and 1,500 square feet in the basement together with the related parking lot, in accordance with the plans received by the City on August 16, 2002, except as amended by this resolution. 2. This approval is contingent upon City Council approval of a Certificate of Exemption for the proposed wetland fill. 3. Prior to issuance of building permits, the applicant shall provide verification from Hennepin County that the existing private septic system on the site has been properly abandoned. 4. Prior to issuance of building permits, the applicant shall provide verification that a permit for the proposed septic system has been obtained from Hennepin County. 5. A conditional use permit is approved to allow constriction of a clubhouse building on the premises of a golf course in the FRD district, with the finding that all the applicable conditional use permits standards are met. 6. A shoreland variance is approved to allow the building to be set back 60 feet from Elm Creek, where 100 feet is the minimum setback specified for lots served by a private septic system, based upon the following findings: a. The particular physical surroundings, together with the shape of this portion of the site, create a hardship for locating a new clubhouse on the site. The site constraints, including State Highway 55 to the south and Elm Creek to the north, leave a relatively narrow area of upland in which to fit the building and parking lot without disrupting the greens for the existing golf course. b. The circumstances related to this site are unusual, and are not generally applicable to other properties located in the FRD zoning district. Furthermore, the City's Comprehensive Plan recognizes the importance to preserve publicly accessible golf courses, and the need to take actions necessary to accomplish that goal. c. The requested variance is not based solely upon a desire to increase value or income potential. The variance is requested in order to provide a new clubhouse on the site. The reinvestment would help to preserve the golf course on the site in accordance with adopted City policies. d. The conditions relating to the request were not self-created. Resolution 2002-387 (2002075) Page 3 e. The granting of the variance would not be detrimental to the public welfare or injurious to the neighborhood. Although the closest point of the building would be located 60 feet from the creek, the drain field for the septic system would be located over 300 feet from the creek. The drain field would exceed the 100 -foot setback requirement, and therefore would meet the intent of the provision—which is to protect the creek. Additionally, the applicant would provide a natural buffer along the creek in the area of the variance to help capture sediments, cleanse runoff, and stabilize the bank of the creek. f. The granting of the variance would not impair an adequate supply of light and air to adjacent property, increase the danger of fire, endanger the public safety, substantially diminish property values within the neighborhood, or create traffic congestion in public streets. g. The requested variance is the minimum action required to alleviate the hardship. Approval of the variance would help to preserve this publicly accessible golf course. 7. Development standards shall be as required by the FRD district. Except for the shoreland variance approved above, no other variances are granted or implied. 8. No building permit review of the clubhouse building will be conducted until the building permit is applied for. 9. A City -approved monitored automatic fire detection system (alarm) shall be provided for the clubhouse building, as approved by the Fire Inspector. 10. Any future additions or increase in floor area will require installation of a City - approved automatic fire sprinkler system in all areas of the building. 11. The site does not have access to municipal water. The Fire Inspector shall approve the locations of the two dry on-site hydrants and water service lines for future connection to municipal water. The owner agrees to connect to the municipal water system at such time as it becomes available to this site. 12. Fencing shall be required atop retaining walls exceeding four feet in height. 13. Prior to issuance of the building permit, the applicant shall enter into a Site Improvement Performance Agreement and shall submit the required Financial Guarantee for completion of site improvements. 14. Prior to issuance of building permits, the applicant shall enter into a pond maintenance agreement with the City for maintenance of the water quality pond. Resolution 2002-387 (2002075) Page 4 15. Prior to issuance of any building permits, the applicant must install the required permanent wetland buffer monumentation. 16. Constriction of the bridge shown on the plans must receive prior approval by the Elm Creek Watershed District. 17. The applicant shall provide a 25 -foot wide minimum natural buffer area along the creek in the areas where the variance was granted to help capture any sediments, cleanse runoff, and stabilize the bank of the creek. 18. Standard Conditions: A. Compliance with the City Engineer's Memorandum. B. Any signage shall comply with the Sign Ordinance. C. Compliance with Policy Resolution 79-80 regarding minimum floor elevations for new strictures on sites adjacent to, or containing any open storm water drainage facility. D. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. E. Compliance with the Ordinance regarding the location of lock boxes, fire lanes, and fire lane signage. F. This approval 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, 21030.06, and 21045.09 of the Zoning Ordinance. ADOPTED by the City Council on August 27, 2002. 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 August 27, 2002, 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