HomeMy WebLinkAbout2006.03.20 RESO 2006-0014RESOLUTION 2006-14
APPROVING PRELIMINARY PLAT AND VARIANCE FOR TJ LAND TRUST V
FOR "WILDERNESS VIEW 2ND" ON PROPERTY LOCATED SOUTH OF
130' STREET AND WEST OF GOODVIEW AVENUE
WHEREAS, TJ Land Trust V has requested approval of a preliminary plat to allow
construction of 59 homes and one oudot on the 98.57 -acre property legally described as
follows:
The west half of the northeast quarter of Section 32, Township 31, Range 21
Washington County, Minnesota according to the United States Government
survey thereof, except that part platted as Wilderness View according to the
recorded plat thereof; '
�1
The north half of the southeast quarter of the northeast quarter of said Section 32;
AND
The west half of the west half of the south half of said southeast quarter of the
northeast quarter of Section 32.
WHEREAS, the Planning Commission has reviewed the preliminary plat at a duly called
Public Hearing and recommends approval, and;
NOW, THEREFORE, BE IT HEREBY* RESOLVED BY THE CITY COUNCIL OF
THE CITY OF HUGO, MINNESOTA, that it should and hereby does approve the
request by TJ Land Trust V for a preliminary plat, subject to the following conditions:
1. A preliminary plat is approved to allow the creation of 59 single 'family homes and
one outlot, in accordance with the plans and application received by the City on
February 9, 2006 and February 16, 2006, except as amended by this resolution.
2. The development shall comply with the R-3 district standards, except as otherwise
noted.
3. A variance to allow a 60 -foot lot width on Outlot A, where 80 feet is required, is
approved based on the following findings:
a. The variance from the minimum lot width requirements is permissible by law.
b. The strict enforcement of the ordinance would cause undue hardship because of
circumstances unique to the individual property not caused by the landowner.
Resolution 2006-14 �►
Page 2
c. The granting of the variance would be in keeping with the spirit and intent of the
ordinance. The variance from the minimum lot width requirements would allow
development of the site in compliance with all other R-3 district standards.
d. The property cannot be put to reasonable use without the granting of the variance.
The applicant has indicated that compliance with the 80 -foot lot width
requirements would require loss of another unit and would make development of
the site unfeasible.
e. The variance, if granted, would not alter the essential character of the locality in
which it would be located.
f. The variance, if granted, shall not have the effect of allowing, in any district, any
use prohibited in the district. The requested variance would allow creation of a
single outlot that could be final platted and developed as a single family hom6 in
compliance with the R-3 district standards and would not allow uses that are
prohibited in this district. Future development on Outlot A would be allowed
only in compliance with ordinance standards.
g. The requested variance from the minimum lot width requirements would not
lower the floodplain protection.
h. Municipal sewer and water are available to serve the site.
4. The following conditions shall be met prior to approval of a Final Plat:
a. The applicant must obtain an encroachment permit from Koch Pipeline for any
work within the pipeline easement.
b. Signage is proposed within the pipeline easement to identify the location of
pipeline. This sign details and locations must be submitted for review and
approval by Koch Pipeline and the City of Hugo.
c. The applicant shall prepare easement/covenant language that will be attached to
the deeds for those lots that encroach onto the pipeline easement.
d. The applicant shall prepare easement/covenant language that will be attached to
the deeds for those lots that are within the 165 -foot tower setback (Lots 1-5,
Block 1). This language shall be submitted to the City for review and approval by
the City Attorney.
e. All structures (except those accessory to the telecommunications tower) shall be
located a minimum of 165 feet from the existing telecommunications tower.
Resolution 2006-14
Page 3
f. The applicant shall vacate the existing easement for the telecommunications tower
and provide a new easement over the existing tower as shown on the plans. The
easements shall be filed at Washington County and copies shall be provided to the
City of Hugo.
g. The developer must obtain all necessary wetland permits from the City of Hugo.
h. The developer shall comply with the City standards for street lighting within the
public right-of-way.
i. The landscape plan must be revised to comply with the ordinance requirements in
Section 1175-140.1% which requires two overstory deciduous trees in the front
yard of each home site.
j. Exterior liglMng shall be consistent throughout the development. All lighting
shall be shielded to prevent glare and light trespass, as required by Section 1195-
410 of the ordinance. Lighting details should be submitted for City review and
approval.
k. Signage shall comply with ordinance standards.
I. The development shall comply with the Fire Chief s requirements regarding fire
flow calculations, the location of fire hydrants, fire department connections, and
fire lane signage.
m.. The right-of-way and street width for all roads shall be as shown on the plans.
n. A 33 -foot %2 right-of-way shall be dedicated for 130* Street.
o. The plat shall comply with the City's street noming system, except as otherwise
approved by the City Council.
p. Street turharounds shall be reviewed by City staff and temporary' turnarounds
must be provided by the applicant as determined necessary by City staff.
q. A minimum of two parking stalls shall be provided for each lot.
r. Trails shall be provided through out the development as shown on the plans
submitted by the applicant on February 16, 2006, except as amended by this
resolution.
s. The applicant must finalize the trail location and obtain all required permits for
construction of the trail. The trail shall be constructed by and paid for by the
applicant with this plat.
Resolution 2006-14
Page 4 .
t. The trail should be located on the north side of the driveway serving Outlot A,
near the north property line, to minimize traffic conflicts in the future.
u. The applicant shall be required to construct the trail within the existing trail
easement in Wilderness View and through this development as part of this
project. The entire trail section shall be shown on the construction plans.
v. Easements shall be required over all trails that are located outside of public right-
of-way. Such easements shall be 20 feet wide.
w. The applicant shall obtain approval of the land development plan by the Rice
Creek Watershed District and the City of Hugo, including the proposed floodplain
and wetland impacts and mitigation.
x. The plans shall be revised to show the floodplain boundary that follows the
topographic contours.
y. The minimum floor elevation shall comply with Section 1175-060.1 of the Hugo
Zoning Ordinance.
z. The applicant shall comply with all conditions in the City Engineer's letter dated
February 28, 2006.
aa. The applicant shall provide information about architectural standards within the
development. Future development on Outlot A shall be subject to the same
architectural standards as those homes in Wilderness View 2°d Addition.
bb. The ownership, maintenance and use of Outlot A shall be addressed in the
Wilderness View 2nd Addition development agreement.
5. The following conditions shall be met prior to release of the final plat for filing:
a. Park dedication shall be cash in lieu of dedication and shall be required for'the
new lots created by this plat, subject to the park dedication fees in place at the
time of filing.
b. The applicant shall pay their portion of the Beaver Ponds lift station.
c. Park dedication for Outlot A shall be cash in lieu of land dedication and shall be
due when the Final Plat is approved for that parcel and released for filing.
6. The following conditions shall be met prior to issuance of building permits:
a. All signage shall comply with ordinance standards.
Resolution 2006-14
.Page 5
b. The developer shall prepare lot surveys for each lot to show the location of the
pipeline easement and identify deed restrictions for affected properties and ensure
that each of the potential owners or builders (or both) has the survey.
c. Outlot A is approved for future development of only one home site. Prior to
construction of the home on Outlot A, the applicant must submit a final plat for
one lot for review and approval by the City.
d. The existing shed on Outlot A shall be removed prior to issuance of any building
permits in Wilderness View 2"d Addition.
e. The existing field road shall be removed and a new access to Outlot A shall be
provided from Goodview Avenue.
f. 'The applicant shall record the final plat, developers agreement and all other
documentation at Washington County and provide the City with proof of
recording.
ADOPTED by the City Council this 20d' day of March 2006.
41n,*May6r
ATTEST:
Mary A6treager, City Cl