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HomeMy WebLinkAboutCity Council Resolution 2002-502CITY OF PLYMOUTH RESOLUTION 2002-502 REVISED RESOLUTION APPROVING A SITE PLAN, CONDITIONAL USE PERMIT AND VARIANCE FOR ELM CREEK GOLF FOR PROPERTY LOCATED AT 19010 STATE HIGHWAY 55 (2002075) WHEREAS, Elm Creels Golf has requested approval of a site plan, conditional use permit, and variance to allow construction of a new clubhouse in the southwest portion of the Elm Creels Golf Course site, for property presently legally described as follows: That part of the Nvest half of the northwest quarter of Section 7, Township 118, Range 22, Hennepin County, Minnesota described as follows: Beginning at the northwest corner of said Northwest Quarter: thence on an assumed bearing of South 00 degrees 32 minutes 35 seconds West, along the Nvest line of said Northwest Quarter, a distance of 50.00 feet: thence South 89 degrees 59 minutes 18 seconds East a distance of 427.26 feet, thence South 42 degrees 00 minutes 42 seconds West a distance of 569.68 feet: thence South 00 degrees 32 minutes 35 seconds West a distance of 198.62 feet: thence South 89 degrees 51 minutes 45 seconds East a distance of 260.00 feet: thence North 57 degrees 00 minutes 42 seconds East a distance of 740.84 feet: thence South 68 degrees 02 minutes 07 seconds East a distance of 78.86 feet: thence South 18 degrees 00 minutes 42 seconds West a distance of 434.48 feet: thence South 06 degrees 00 minutes 42 seconds West a distance of 518.73 feet: thence South 21 degrees 00 minutes 42 seconds West a distance of 128.09 feet to an intersection with the south line of said Northwest Quarter of said Northwest Quarter: thence North 89 degrees 43 minutes 56 seconds West, along said south line, a distance of 289.79 feet to a point on said line distance 486.51 feet east of the northwest corner of the Southwest Quarter of said Northwest Quarter: thence South 84 degrees 11 minutes 06 seconds West a distance of 256.35 feet: thence South 32 degrees 10 minutes 13 seconds West a distance of 286.42 feet: thence South 12 degrees 00 minutes 34 seconds West a distance of 410.15 feet to the southwest corner of the North Half of said Southwest Quarter of the Northwest Quarter: thence south along the Nvest line of said West Half of the Northwest Quarter to the southwest corner of said West Half of the Northwest Quarter: thence east along the south line of said West Half of the Northwest Quarter to the southeast corner of said West Half of the Northwest Quarter: thence north along the east line of said West Half of the Resolution 2002-502 (2002075) Page 2 Northwest Quarter to the northeast corner of said West Half of the Northwest Quarter; thence Nyest along the north line of said West Half of the Northwest Quarter to the point of beginning. And, That part of the West Half of the Northeast Quarter of the Southwest Quarter of Section 7, Township 118 North, Range 22 West, of the 5"' Principal Meridian, hying northerly of the northerly line of the Minneapolis, St. Paul and Sault Saint Marie Railroad (Canadian Pacific Railwav). And, That part of the Northwest Quarter of the Southwest Quarter of Section 7, Township 118, North Range 22 West of the Fifth Principal Meridian described as follows, to Nyit Beginning at the Northeast corner of said Northwest Quarter of the Southwest Quarter: thence West along the North line of said Tract to the Northwest corner thereof: thence south along the West line of said Northwest Quarter of the Southwest Quarter of said Section 7 to the South line of State Trunlc Highway No. 55; thence southeasterly along said South line to its intersection with the North line of the right-of-way of the Minneapolis, St. Paul and Sault Ste. Marie Railway-, thence Westerly along said North line to the West line of said Northwest Quarter of the Southwest Quarter: thence south along said West line to the South line of the right-of-way of the Minneapolis, St. Paul and Sault Ste. Marie Railwav: thence East along the South line of said railway right-of-way to the Westerly line of the State Highway No. 55; thence Southeasterly along the West line of said State Highway No. 55 to the North line of the Rockford Road: thence Southeasterly along the North line of said Rockford Road to the South line of the Northwest Quarter of the Southwest Quarter of Section 7; thence East along the South line thereof to a point 370 feet West of the Southeast corner of said tract: thence North parallel with the East line of said Northwest Quarter of Southwest Quarter to the north line of said State Trunk Highway No. 55, thence northwesterly along said north lien to a point 548 feet Nyest of the East line of said Northwest Quarter of the Southwest Quarter measured parallel with the South line of said Northwest Quarter of the Southwest Quarter: thence North parallel with the East line of said Northwest Quarter of Southwest to the south line of the right-of-way of the Minneapolis, St. Paul and Sault Ste. Marie Railwav: thence easterly along the south line of said railway to the East line of the Northwest Quarter of the Southwest Quarter of Section T, thence North along the East line of said tract to the point of beginning, except railway right-of-way: and except that part 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 Number 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, and except that part thereof embraced in Registered Land Survey No. 133, Files of Registrar of Titles, County of Hennepin. And, Resolution 2002-502 (2002075) Page 3 That part of the Northwest Quarter of the Southwest Quarter of Section 7, Township 118 North, Range 22 West described as follows: Beginning at a point which point is 123.7 feet South of the West Quarter corner of said Section T, 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 Highwav 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 the request at a duly called public hearing and recommends approval; and WHEREAS, on August 27, 2002, the City Council approved Resolution 2002-387 and that resolution is hereby superseded and replaced by this resolution. 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 Creels Golf for a site plan, conditional use permit, and variance for property located at 19010 State Highway 55, subject to the following conditions: 1. A site plan is approved for a clubhouse containing �' 888 3,000 square feet above grade _ - Formatted 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 and September 26, 2002, except as amended by this resolution. 2. This approval is contingent upon Cite Council approval of a Certificate of Exemption for the proposed Nvetland 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 construction of a clubhouse building on the premises of a golf course in the FRD district, with the finding that all the applicable conditional use permit 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: Resolution 2002-502 (2002075) Page 4 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 Creels 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 Citv'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 Nvith adopted Cite policies. d. The conditions relating to the request Nvere not self-created. 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 fi-om the creek, the drain field for the septic system would be located over 300 feet fi-om 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. The granting of the variance would not impair an adequate supple 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. Development standards shall be as required by the FRD district. Except for the shoreland variance approved above, no other variances are granted or implied. No building permit review of the clubhouse building Neill be conducted until the building permit is applied for. A Cite -approved monitored automatic fire detection system (alarm) shall be provided for the clubhouse building, as approved by the Fire Inspector. Resolution 2002-502 (2002075) Page 5 10. Am- future additions of - -- -- --increase-----�----Bono- - ---- Formatted „t,,,,.atic fire sprinkler system ; all areas of the building. � � � Formatted W. J'he site does not have access to municipal Nvatet._ The F4re_lnspeeto+ shall approve the__ Formatted locations of the two dfv On site ITAfants and water service lines for future connection to municipal vl-Hter. Thp, avrftef agrees to connect to the municipal water system at such as it becomes available to this site. 410. Fencing shall be required atop retaining Nvalls exceeding foul- feet in height. .- - -j Formatted: Bullets and Numbering 411. Prior to issuance of the building permit, the applicant shall enter into a Site Improvements- - - Formatted: Bullets and Numbering Performance Agreement and shall submit the required Financial Guarantee for completion of site improvements. 412. Prior to issuance of building permits, the applicant shall enter into a pond maintenances- - - Formatted: Bullets and Numbering agreement with the City for maintenance of the water quality pond. 413. Prior to issuance of building permits, the applicant must install the required permanents- - - Formatted: Bullets and Numbering wetland buffer monumentation. 44-.14. Construction of the bridge shown on the plans must receive prior approval by the Elms- - - Formatted: Bullets and Numbering Creels Watershed District. 4-7-.15. The applicant shall provide a 25 -foot Nvide minimum natural buffer area along the creels int- - - Formatted: Bullets and Numbering the areas where the variance was granted to help capture any sediments, cleanse runoff, and stabilize the bank of the creels. 4#16. 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 structures on sites adjacent to, or containing any open storm water drainage facility. I). Any subsequent phases or expansions are subject to required reviews and approval 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 atter the date of approval, unless the property owner or applicant has substantiallv started construction 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 November 12, 2002. .- - -j Formatted: Bullets and Numbering Resolution 2002-502 (2002075) Page 6 STATE OF MINNSOTA) 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 November 12, 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