HomeMy WebLinkAboutCity Council Resolution 1999-031CITY OF PLYMOUTH
RESOLUTION 99-31
APPROVING AN INTERIM USE PERMIT TO ALLOW THE DEPOSIT OF FILL AT
DUNDEE NURSERY, 16800 HIGHWAY 55 (98187)
WHEREAS, Dundee Nursery has requested an interim use permit for property located at 16800
Highway 55, legally described as follows:
That part of the Southeast Quarter of the Southwest Quarter of Section 17, Township 118, Range
22 described as follows:
Commencing at a point of the East line of said Southeast Quarter of the Southwest
Quarter, 247.5 feet North of the Southeast corner thereof, thence West parallel to the
South line of said Southeast Quarter of the Southwest Quarter a distance of 264 feet;
thence South parallel with the said East line to the Northerly line of State Highway No.
55; thence Northwesterly along the Northerly line of said highway to its intersection with
a line drawn parallel with the West line of said Southeast Quarter of the Southwest
Quarter and distant 552 feet East at right angles therefrom; thence North along said
parallel line to the North line of said Southeast Quarter of the Southwest Quarter; thence
East along said North line to the Northeast corner of said Southeast Quarter of the
Southwest Quarter; thence South along said East line to the point of beginning. Also, an
easement over all that part of the Southeast Quarter of the Southwest Quarter of Section
17, Township 118, Range 22 described as follows: Commencing at the point on the
Northerly line of State Highway No. 55, distant 552 feet East of, measured at right angles
to the West line of said Southeast Quarter of the Southwest Quarter; thence North parallel
to said West line 60 feet; thence West at right angles 30 feet; thence South parallel with
the West line of said Southeast Quarter of the Southwest Quarter to the Northerly line of
State Highway No. 55; thence Southeasterly along said Northerly line to the point of
beginning.
WHEREAS, this interim use permit for land filling would allow the deposit of up to 45,000 cubic
yards of fill along the northern portion of the site; and
Resolution 99-31
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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 Dundee
Nursery for an interim use permit to deposit up to 45,000 cubic yards of fill at 16800 Highway 55,
subject to the following conditions:
I. This interim use permit allows the deposit of up to 45,000 cubic yards of fill along the
northern portion of the site, in accordance with the plans received by the City on December
28, 1998, except as amended by this resolution.
2. Compliance with the City Engineer's Memo.
3. The filling and reclamation of the site shall be completed within 180 days of the date of this
resolution.
4. A complete grading permit application shall be submitted, all required financial guarantees
shall be submitted, and all fees paid prior to issuance of the grading permit.
5. The applicant shall place and maintain three signs on top of the berm which state
"Temporary Berm/Stockpile." The signs shall be evenly spaced on the berm and shall each
contain 32 square feet in area. Such signage must be visible from the Holly Creek Village
development.
6. The fill shall come from the Holly Creek Village development, and shall not be hauled in
from other off-site locations.
7. The permit does not allow for a sanitary landfill. The fill material shall not include garbage,
animal or vegetable refiise, poisons, contaminants, chemicals, decayed material, filth, sewage
or similar septic or biologically dangerous material deemed to be unsuitable by the City.
8. Hours of operation shall be limited to between 7:00 a.m. to 7:00 p.m. Mondays through
Saturdays. Filling and related grading operations shall be prohibited on Sundays.
9. The project shall comply with all applicable City Codes regarding erosion control.
10. The applicant shall schedule an on-site inspection to review erosion control measures prior
to commencement of the filling operation.
11. The applicant's engineer shall verify that the approved grading plan was followed upon
project completion.
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12. All disturbed and reclaimed areas shall be sodded or seeded with a mixture of grasses natural
to the State of Minnesota.
13. Side slopes shall be no steeper than 3:1.
14. A Bassett Creek Watershed permit is required.
15. 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 19, 1999.
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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 19, 1999 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