HomeMy WebLinkAbout14.A. Comp Plan Amendment, Rezoning and Request for MUSA for Gonyea Land Company-tabled 7/6/04-Ord. No. 712-Res. No. 6098
CITY OF SHAKOPEE I'f. It.
Memorandum
CASE NO.: 04-037
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Mark Noble, Planner I
SUBJECT: Comprehensive Plan Amendment to Reguide Property from Rural Residential
to Single-Family Residential, Extend MUS A, and Rezone Property from
Agricultural Preservation (AG) Zone to Urban Residential (R-1B) Zone
MEETING DATE: August 17, 2004
REVIEW PERIOD: April 9, 2004 - August 6, 2004 (Extended to September 8, 2004 at
Applicant's request)
INTRODUCTION:
Brad Gonyea, Gonyea Land Co., has made application to re-guide property from Rural Residential to
Single-Family Residential, and to extend Metropolitan Urban Service Area (MUSA) to that same
portion of property. Additionally, they have requested that the property be rezoned from
Agricultural Preservation (AG) Zone to Urban Residential (R-1B) Zone.
The property is located north of Valley View Road and west of CSAH 83/Canterbury Road (Exhibit
A). The property is approximately 38 acres, with the very southwest corner of the property located
in MUSA and guided Single-Family Residential (a 2 acre+/- portion located southwest ofthe former
railroad line).
The City Council has expressed an interest in and has provided a directive to form a strategic
planning effort. It has also been discussed that it may be preferable to consider action to amend the
Comprehensive Plan once the strategic planning effort is well underway. With respect to
applications like this, this makes it somewhat difficult for staff to formulate specific
recommendations on such requests. The City has also been working to complete its Comprehensive
Plan Update which is intended to identify land uses for the entire city as well as some areas
currently in the township. This Comprehensive Plan Update is before the City Council this evening.
The City Engineering Department has provided memorandums that address issues pertaining to the
proposed development (Exhibit C). The memos note that Valley View Road adjacent to this
property will be paved in the Spring of 2005, that sewer and water will be available to this property
after the improvements within Park Meadows (development directly to the west) is complete, that
storm water ponding will occur on site and will be reviewed at time of platting, and that the trunk
sanitary sewer would have to be extended from the east side of County Road 83 just south of
County Road 16. If approved, they recommend that a temporary lift station be required, that the
developer will be responsible for all costs associated with operating and maintaining the lift station,
and that the developer will be responsible for all costs associated with removing the lift station and
connecting to the gravity trunk sanitary sewer when it becomes available.
The City Clerk has commented that based on the fact that the Council is presently reviewing a
Comprehensive Plan Update and conducting a strategic planning effort, the appropriate action on
this item would be to wait until these studies are complete and adopted.
ALTERNATIVES:
1. Approve Ordinance No. 712, an ordinance approving the request to rezone the same property
from Agricultural Preservation (AG) Zone to Urban Residential (R-1B) Zone; and approve
Resolution No. 6096, a resolution approving the request to extend MUSA to the balance of the
subj ect property and to re-guide to single-family residential that portion now guided rural
residential, and.
. 2.. Deny the request to extend MUSA to the balance of the subj ect property, to re-guide to single-
family residential that portion now guided rural residential, and to rezone the same property
from Agricultural Preservation (AG) Zone to Urban Residential (R-IB) Zone, and direct staff
to prepare findings for adoption at the Council's meeting of September 7,2004.
3. Table the matter and request additional information from the applicant and/or staff.
PLANNING COMMISSION RECOMMENDATION:
The Planning Commission reviewed this application at their May 20, 2004 meeting, and spent
considerable time discussing MUSA allocation, storm water issues and sanitary service issues. By a
6-1 vote (Willard dissenting), the Commission recommended approval of the MUSA extension
request; and by a 7-0 vote, the Commission recommended approval of both the reguiding and
rezoning requests. The Planning Commission staff report is attached for the Council's information.
Resolution No. 6096, a resolution approving the MUSA and Reguiding requests, and Ordinance No.
712, an ordinance approving the rezoning, based on the Planning Commission's recommendations,
are attached for the Council's review and consideration.
ACTION REQUESTED:
Offer and approve motions. consistent with the City Council's wishes.
Mark Noble
Planner I
g: \cc\2004\08~ 17\reguide-rezonegonyea.doc
RESOLUTION NO. 6096
A RESOLUTION OF THE CITY OF SHAKOPEE APPROVING A REQUEST TO AMEND
THE COMPREHENSIVE PLAN TO GUIDE CERTAIN PROPERTY FOR SINGLE FAMILY
RESIDENTIAL DEVELOPMENT AND EXTEND MUSA TO THE PROPERTY
WHEREAS, Gonyea Land Company, applicant, and Harold & Roberta Schneider and
Deutsch Family Limited Partnership, property owners, have requested the guiding of property for
single family residential development and an extension ofthe MUSA boundary to the property; and
WHEREAS, the subject property is legally described as the Southeast Quarter ofthe
Southwest Quarter of Section 16, Township 115, Range 22, Scott County, Minnesota; and
WHEREAS, notices were duly sent and posted, and a public hearing was held before the
Planning Commission on May 20,2004, at which time all persons present were given an
opportunity to be heard; and
WHEREAS, the City Council heard the matter at its meetings on June 1 and August 17,
2004; and
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Shako pee
hereby adopts the following findings of facts relative to the above-named request:
Finding No.1: The Comprehensive Plan is not in error.
Finding No.2: Significant changes in community goals and policies have not taken
place.
Finding No.3: Significant changes in neighborhood development patterns have
occurred. Specifically, since adoption of the 2000 Comprehensive/
Land Use Plan, single family residential development has proceeded in
the vicinity of and adjacent to the subject property.
BE IT FURTHER RESOLVED, that the request to amend the Comprehensive Plan by re-
guiding the subject property for single family residential development and extend MUSA to the
property is hereby approved.
Passed in regular session of the City Council of the City of Shako pee, Minnesota, held this
day of ,2004.
Mayor of the City of Shakopee
Attest: ,
Judith S. Cox, City Clerk
ORDINANCE NO. 712, FOURTH SERIES
AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA,
AMENDING THE ZONING MAP ADOPTED IN CITY CODE SEC. 11.03 BY REZONING
LAND GENERALLY LOCATED NORTH OF V ALLEY VIEW ROAD AND WEST OF
COUNTY ROAD 83 FROM AGRICULTURAL PRESERVATION (AG) ZONE TO URBAN
RESIDENTIAL (R-IB) ZONE
WHEREAS, Gonyea Land Company, applicant, and Harold & Roberta Schneider and Deutsch
Family Limited Partnership, property owners, have requested the rezoning of property from Agricultural
Preservation (AG) Zone to Urban Residential (R-IB) Zone; and
WHEREAS, the subject property is legally described as the Southeast Quarter of the Southwest
Quarter of Section 16, Township 115, Range 22, Scott County, Minnesota; and
WHEREAS, notices were duly sent and posted, and a public hearing was held before the Planning
Commission on May 20, 2004, at which time all persons present were given an opportunity to be heard; and
WHEREAS, the City Council heard the matter at its meeting on June I and August 17,2004; and
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Shako pee hereby
adopts the following findings of facts relative to the above-named request:
Finding No.1: The original Zoning Ordinance is not in error.
Finding No.2: Significant changes in community goals and policies have not taken place.
Finding No.3: Significant changes in neighborhood development patterns have occurred.
Specifically, since adoption of the 2000 Comprehensive/ Land Use Plan,
single family residential development has proceeded in the vicinity of the
subj ect property.
Finding No.4: Zoning of the subject property to Urban Residential (R-IB) is not consistent
with the adopted Comprehensive Plan, but will be consistent with the
Comprehensive Plan Update if adopted by the City Council.
BE IT FURTHER RESOLVED, that the request to rezone the property from Agricultural
Preservation (AG) Zone to Urban Residential (R-1B) Zone is hereby approved.
Passed in regular session of the City Council of the City of Shako pee, Minnesota, held this day
of ,2004.
Mayor of the City of Shakopee
Attest: ,
Judith S. Cox, City Clerk
Published in the Shakopee Valley News on the day of ,2004.
CITY OF SHAKO PEE
Memorandum
TO: Mark Noble, Planner I
FROM: Bruce Loney, Public Works Director
SUBJECT: Proposed Rezoning Comprehensive Plan Amendment and
Request for MUSA for Gonyea Land Company for
Property Located North of Valley View Road and
West of C.R. 83
DATE: August 12,2004
This memo is to provide an update on the infrastructure and the Engineering and Public
Work's staff analysis on the proposed Rezoning Comprehensive Plan Amendement and
MUSA guiding for 40 acres located north of V alley View Road and west of C.R. 83.
With this proposal, the City would be able to obtain additional right-of-way for Valley
View Road and be able to recoup the assessment costs for Valley View Road, which is a
priority for the City to have a paved road to C.R. 83. The Valley View Road
Improvement Project is scheduled for spring of 2005. Thus, the rezoning and adding
MUSA to the area, with the eventual plat, would assist the City in reducing its costs for
right-of-way and be able to recoup its costs for the road project sooner by providing
MUSA and rezoning ofthe property.
In review of the stormwater for this site, staff has communicated to the developer that a
similar pond and infiltration system to Park Meadows would be required, thus the amount
of drainage leaving the site would be minimal from the 40 acres. The developer also
would have to take into consideration other areas that are draining into this property from
the north and would need to oversize the pond. The developer has indicated a willingness
to enlarge the pond for regional ponding purposes, at no cost to the City, which would be
a trunk stormwater benefit. The exact amount of regional ponding that the City would
need could be determined during the platting process and would tie into our Blue Lake
Channel studies. Attached, for your information, is a previousWSB & Associates, Inc.
memo on the storm drainage in the area.
For the sanitary sewer to serve the site, the existing capacity for the sewer system located
in Park Meadows is available for these 40 acres and much of the 40 acres would need to
be served by a temporary lift station. Ultimately, a trunk sanitary sewer line along C.R.
83 would be extended and remove the temporary lift station. This is a very similar
situation to what already exists for Whispering Oaks, in which a temporary lift station has
been provided into the City of Savage sanitary sewer system. Ultimately, the sanitary
sewer system will be extended along CSAH 18 to remove this temporary lift station
which may be several years. One difference in the Gonyea proposal is that the developer
is proposing to set up an association which would be responsible for operation and
maintenance costs, as well as future connection costs to the trunk sanitary sewer in the
future.
Based on the review of the infrastructure, it is possible to serve this site. The. developer
would also be providing additional right-of-way for Valley View Road and additional
regional ponding for the City to utilize in its stormwater system. Staff believes we can
serve this site with municipal services and gain additional ponding, as well pay the
assessments for Valley View Road earlier and gain additional right-of-way which reduces
the City's right-of-way costs for that project.
If there are any questions in regard to this memo, please feel free to contact me in my
office.
Bruce Loney
Public Works Director
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SUBJECT PROPERTY
Uiilld Use lOesigll1OltiolJ'iS Currently Guided:
c=J Residential PUD Part<
- Rural Residential
Rural Residential Open Space
CJ Single Family Residential ~ Entertainment Proposed Guiding:
[\ " . . .1 Medium Densily Residential I:::: :::1 Existing Residential in Jackson Township - Single Family Residential
High Density Residential ~ Mining Overlay
Planned Residential
~ Neighbomood Commercial c=J Property Owned by the Mdewakanton Sioux Community
Office
Commercial /\./ Current MUSA Boundary
r .' ,I Business Part< .. · . ... Proposed MUSA Expansion Areas Obtained from:
Ughtlndustrial - MajorRoads LAND USE PLAN
f8B. Heavy Industria! Comprehensive Plan
City Boundary City of Shakopee, Minnesota
Insfitutonal Last Updated: March] I, 2004
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SHAKOPEE
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Zoning Map
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R18 - Urban Residentll1l
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& Associates, Inc.
May 11,2004
Mr. Bruce Loney
City of Shakopee
129 Holmes Street S.
Shakopee,MN 55379
Re: Review of the Drainage Areas Tributary to the Northwest Quadrant
of the Intersection of County Road 83 and Valley View Road
Dear Mr. Loney:
Attached please find a Figure showing the pre-development and post-development drainage
areas tributary to the northwest quadrant of the intersection County Road 83 and Valley View
Road in the City of Shakopee. The drainage area tributary to this location has been reduced by
369 acres, through the development of Pheasant Run and others which have directed
stormwater away from this intersection, north to the 169 drainage system and the Upper Valley
Drainageway.
There remains approximately 405 acres tributary to the northwest corner of County Road 83
and Valley View Road. However, it should be noted that both the Greenfield Addition and the
Park Meadows developments have been designed to provide stormwater ponding and
infiltration of the 100-yearcritical storm event, with no discharge currently allowed to their
eastern boundaries. These two developments are effectively landlocked for the 100-year storm
event, with only emergency flows which could be directed to the east in extreme stonn events.
The remaining 148 acres currently is undeveloped and drains to the northwest quadrant of this
intersection.
The total volume of stormwater runoff directed to this quadrant of the intersection has been
reduced for the I-year, IO-year, and IOO-year storm events by 9 acre-feet, 48 acre-feet, and
124-acre feet, respectively.
If you have any questions, please call me at 763-287-7182.
Sincerely,
WSB & Associates, Inc.
415001,00 --M ~
Memorial Highway '4'.
Suite 300 Todd Hubmer, P .E.
Minneapolis CC: Jeff Weyandt - City of Shako pee
Minnesota Joe Swentek - City of Shako pee
55422
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CITY OF SHAKOPEE
Memorandum
CASE NO.: 04-037
TO: Shakopee Planning Commission
FROM: Mark Noble, Planner I
SUBJECT: Comprehensive Plan Amendment to Reguide Property from Rural
Residential to Single-Family Residential, Extend MUS A, and Rezone
Property from Agricultural Preservation (AG) Zone to Urban Residential
(R-IB) Zone
MEETING DATE: May 22, 2004
REVIEW PERIOD: April 9, 2004 - August 6, 2004
Site Information:
Applicant: Brad Gonyea, Gonyea Land Co.
Property Owner: Deutsch Family Limited Partnership/Harold & Roberta Schneider
Location: North of V alley View Road and west of CSAH 83/Canterbury Road
Adjacent Zoning: North: Agricultural Preservation (AG) Zone
South: Rural Residential (RR) Zone
East: Agricultural Preservation (AG) Zone
West: Urban Residential (R-1B) Zone
Acreage: 40 Acres
MUS A: The site is primarily outside the MUSA Boundary
Attachments: Exhibit A: Location & Zoning Map
Exhibit B: Applicant's Maps
Exhibit C: City Engineering Memorandum
INTRODUCTION:
Brad Gonyea, Gonyea Land Co., has made application to re-guide property from Rural
Residential to Single-Family Residential, and to extend Metropolitan Urban Service Area
(MUSA) to that same portion of property. Additionally, they have requested that the property be
rezoned from Agricultural Preservation (AG) Zone to Urban Residential (R-IB) Zone.
The property is located north of Valley View Road and west of CSAH 83/Canterbury Road
(Exhibit A). The property is approximately 40 acres, with the very southwest corner of the
property located in MUSA and guided Single-Family Residential (that portion located southwest
of the former railroad line). The property presently is used for agricultural purposes and is
predominantly flat, with the exception for the southwest comer of the property, which is higher
in elevation and has a small wooded area along the former railroad line. Please refer to Sections
11.22 and 11.28 ofthe City Code for the regulations ofthe AG and R-IB zones.
With the current Comprehensive/LandUse Plan, the MUSA line in this area was drawn along the
line of the former railroad bed. As a result, a small corner of this property ended up being within
the MUSA area, while the majority of the parcel is outside the MUSA area. In addition, this
property ended up being guided for one land use where the property fell within the MUSA line,
and another (less intense) use outside the MUSA line.
The City's Comprehensive Plan sets basic policies to guide the development of the City. The
purpose of designating different areas for residential, commercial, and industrial land uses is to
promote the location of compatible land uses, as well as to prevent incompatible land uses from
being located in close proximity to one another. The Zoning Ordinance is one of the legal means by
which the City implements the Comprehensive Plan. Under Minnesota statute, zoning is to
conform with a city's comprehensive plan.
The City Council has expressed an interest in and has provided a directive to form a strategic
planning effort. It has also been discussed that it may be preferable to consider action to amend
the Comprehensive Plan once the strategic planning effort is well underway. With respect to
applications like this and the proposed Countryside development west of CSAH 79, this makes it
somewhat difficult for staff to formulate specific recommendations on such requests
The City has also been working to complete its Comprehensive Plan Update which is intended to
identify land uses for the entire city as well as some areas currently in the township. The
Comprehensive Plan Update is presently in the review process with the Planning Commission
and City Council.
Shakopee Public Utilities (SPU) has provided a memorandum that requests the applicant contact
them concerning specific requirements for street lighting, water and electrical service.
City Engineering Department has provided a memorandum that addresses issues pertaining to the
proposed development (Exhibit C). The memo notes that Valley View Road adjacent to this
property will be paved later this year, that sewer and water will be available to this property after
the improvements within Park Meadows (development directly to the west) is complete, and that
the trunk sanitary sewer would have to be extended from the east side of County Road 83 just
south of County Road 16. If approved, they recommend that a temporary lift station be required,
that the developer will be responsible for all costs associated with operating and maintaining the
lift station, and that the developer will be responsible for all costs associated with removing the
lift station and connecting to the gravity trunk sanitary sewer when it becomes available.
The City Clerk has commented that based on the fact thatthe Council is presently reviewing a
Comprehensive Plan Update and conducting a strategic planning effort, the appropriate action on
this item would be to wait until these studies are complete and adopted.
Based on the comments addressed above, staff believes that the applications for MUSA extension,
reguiding and rezoning of this property may be premature. If the Commission were to recommend
approval, staff recommends that the developer work with staff on issues relating to.sanitary sewer
service, storm water detention, Valley View Road access and any necessary easements as they
relate to this development, prior to submittal of preliminary plat application.
FINDINGS:
The Zoning Ordinance does not specify criteria for granting a Comprehensive Plan Map
amendment, though reasonable criteria would be Criteria #1 -3 for Zoning Ordinance amendments.
Staffhas provided Criteria #1- 3, as well as draft findings for the Commission's review and
discussion.
Criteria #1 : That the original Comprehensive Plan is in error;
Finding #1: The original Comprehensive Plan is not in error.
Criteria #2: That significant changes in community goals and policies have taken place;
Finding #2: Significant changes in community goals and policies have not taken place.
Criteria #3: That significant changes in Citywide or neighborhood development patterns
have occurred.
Finding #3: Significant changes have occurred in neighborhood development patterns.
Specifically, since adoption of the 2000 Comprehensive/Land Use Plan,
development has proceeded in the vicinity of the subject property~
The criteria required for the granting of a Zoning Ordinance Amendment are listed below with
proposed findings for the Commission's consideration.
Criteria #1 That the original Zoning Ordinance is in error;
Finding #1 The original zoning ordinance is not in error.
Criteria #2 That significant changes in community goals and policies have taken place;
Finding #2 Significant changes in community goals and policies have not taken place.
Criteria #3 That significant changes in City-wide or neighborhood development patterns
have occurred; or
Finding #3 Zoning of the subject property to Urban Residential (R-1B) is not consistent with
the adopted Comprehensive Plan, but will be consistent with the Comprehensive
Plan Update if adopted by the City Council.
Criteria #4 That the comprehensive plan requires a different provision.
Finding #4 Zoning of the subject property to Urban Residential (R-l B) is not consistent with
the adopted Comprehensive Plan, but will be consistent with the Comprehensive
Plan Update if adopted by the City Council.
ALTERNATIVES:
1. Recommend to the City Council the approval of the request to extend MUSA to the balance
of the subject property, to re-guide to single-family residential that portion now guided rural
" I
residential, and to rezone the same property from Agricultural Preservation (AG) Zone to
Urban ResidentiaI (R-IB) Zone.
2. Recommend to the City Council the denial of the request to extend MUSA to the balance. of
the subject property, to re-guide to single-family residential that portion now guided rural
residential, and to rezone the same property from Agricultural Preservation (AG) Zone to
Urban Residential (R -lB) Zone.
3. Continue the public hearing and request additional information from the applicant or staff.
4. Close the public hearing, but table the matter and request additional information.
STAFF RECOMMENDATION:
Because the current, adopted Comprehensive Plan guides the subject property for "rural
residential" use; because the draft Comprehensive Plan land use plan is not yet adopted; and
because there are significant infrastructure issues regarding serving the entire parcel with sanitary
sewer, at this time staff is not making a specific recommendation of approval of the request to
extend MUSA to the balance of the subject property, to re-guide to single-family residential that,
portion now guided rural residential, and to rezone the same property from Agricultural
Preservation (AG) Zone to Urban Residential (R-IB) Zone.
ACTION REQUESTED:
Offer and approve a motion to make a recommendation to the City Council consistent with the
Planning Commission's wishes.
~
Planner I
g: \boaa-pc\2004 \05- 20\reguide-rezonegonyea.doc
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SUBJECT PROPERTY
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SUBJECT PROPERTY Shallopao MdOwakanton Sioux Community :L
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CITY OF SHAKOPEE
Memorandum
TO: Mark Noble, Planner I
FROM: Jeff Weyandt, Assistant City Engineer
SUBJECT: Comp Plan Amendment, Rezoning from AG to RIB and MUSA
Expansion
PID NO: 27-916007-0 and 27-916014-0
CASE NO: 04037
DATE: May 11, 2004
The application indicates a Comp Plan amendment, rezoning from AG to RIB and
expansion ofMUSA.
After reviewing the above referenced application, we have the following comments for
the Planning Department:
. Valley View Road, adjacent to this parcel, will be upgraded from amral section
with a gravel surface to a 44-foot wide urban section later this year.
. Sewer and water will be available to this parcel after the improvements within the
Park Meadows plat are complete. However, the sewer extended as part of the
Park Meadows improvements is not deep enough to serve the entire parcel.
. In order to serve this parcel with gravity sewer, the City needs to extend a trunk
sanitary sewer along C.R. 83. The trunk sanitary sewer is currently located on the
east side of C.R. 83 and will be extended to the south property line of the Church
Addition, as part of the Church Addition improvements. Additional easements
will be required before the sewer can be extended any further to the south. It is
beneficial for the City to extend the sewer, as property develops, to avoid
purchasing easements.
. If MUSA is extended to this parcel and development occurs prior to the extension
of the trunk sanitary sewer along C.R. 83, a temporary lift station will be required.
The developer will be responsible for all costs associated operating and
maintaining the lift station. The developer will also be responsible for all costs
associated with removing the lift station and connecting to gravity sewer when it
becomes available.
Jeff Weyandt
Assistant City Engineer
E:\G RiEM PLO YEEFOLDE RiP A T PiWORD/MUSAEXP AN SIO S
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~IJ>>r)'I'-- PRE & POST DEVELOPMENT DRAINAGE SUMMARY
f\_ FOR THE NW QUAD OF CR 83 & VALLEY VIEW ROAD
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-\ DRAINAGE AREA 1-YEAR 10-YEAR 100-YEAR
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~ 1 -l V / POST DEVELOPED 405 Acres 2 AF 11 AF 25 AF
) ~ ~ ITI:JC~ Approximately 369 Acres directed north to the Upper Valley Drainage way.,
Greenfield and Park Meadows Developments contain storm water ponds
c ~ n 1 \" and Infiltration adequate to hold the 100-Year storm event on-site with no discharge.
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~ WSB Project No, Date: May 11, 2004
~ ' A 4150 Olson Memorial Highway PRE & POST DEVELOPMENT City Project No.
I Mil\" Suite 300 AG A MAP TO
~ l)f/~ D Minneapolis. MN 55422 DRAIN E ARE
~ YY wD 763-541-4800 NW QUAD OF CR 83 & V ALLEY VIEW ROAD
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